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HomeMy WebLinkAbout539869 VOGEL CONCRETE INC - PURCHASE ORDER - 3214420of Fort Collins Date: 09/26/2014 Vendor: 539869 VOGEL CONCRETE ING 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 3214420 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: 09/25/2014 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONTRACTUAL SERVICES 1 LOT LS PER TERMS AND CONDITIONS OF BID 7658 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 20,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 1. COMMERCOM,DETAIIS. Tax reemptiotn. By smmte the City of Fon Collins is exempt from state ad local taco. Our Exemption Number is 11. NON WAIVER. 98-04503. Federal Excise Tax Exemption Certificate of Registry 14-60(if is registered with the Collector of Failure of the poolosser to insist upon mict performance of the recess and conditiam hereof, faith¢ or delay to bacend Revenue, Denver, Colorado (Ref. Colorado Revised Samles 1973, Chapter, 39-26,114 (a). exercise any ,his or remedies provided hemm or by law, failure as promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofNe design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to mect specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall an[ be deemed a waiver of any right of the damage in mount, may ha returned to you for credit and are not to M replaced except upon receipt of actual purchaser to insist upon snort Forbearance hereof or any of its rights or remedies as to any such goods, regardless instructions firm the City of Fall Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase ome, by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Pon Collins inspection on arrival, hereof Final Araptanee. Receipt of the merchandise, faster, or equipmrn, in respeme to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. undimmed paMan on the pan of the City of Fain Collis. However, it is to be, understood that FINAL Seller and the Purchaser recognise that in actual examinic practice, overcharges rauIrin, from act., ACCEPTANCE is dependent upon completion ofall applicable required inspection Forswears. violations am in fact home by the Pumkscr. Themtofarefor good cause and as consideration for executing this purchase worker, the Seller hereby assigm to the Purchaser any and all claims it may now have or hereafter Freight Trans, Shipments mud ha F.O.B., Ciry of Fort Collins, 700 Wood St, Feel Collins, CO 90523. unless acquired under federal or state antiwst laws for such ovemh lam, mine, as the Particular good or services otherwise spatial oa this order. If permission is given to prepay freight and charge separately, the original Freight racesmard or acquired by the Purchaser pars.., to this purchase orde, bill most accemaanv invoice. Additional rischws for pxkina will not be comptd. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distrbutiun paint to distinction, and excess freight will ha deducted from Invoice when shipments sere made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cemficams and licenses required by all applicable laws, regulations, ordinances and des ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority hvingjmdiction over the work of vendor. Seller fuller agrees to hold the City of Tom Collins hmtless from and against all liability and loss incurred by them by reason of m assumed or eemblished violation of any such laws, regulations, ordinances, roles anal ttquirements. Aulhonestion. All parties ro this contract agree that the rcmesrnLitivma art, in fact, bola fide and possess full and complete vutatily to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mans and conditions staid herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller art objected tip and hereby rearmed. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make armplem shipment to wave oa .,it pmmisd delivery date as noted. Time is of the reserve. Delivery and wafirmnnce must be effected within the lime surd col the purchase order and the documents attached herein. No act of the Purchasers including, wither limitation, acceptance of partial late delivaia, eau operate as a waiver of this provision. In the event ornery delay, the Purchaser mall have, in addition to other legal and winnable remedies, the option of placing this area elsewhere and holding the Seller liable for damages. However, the Seller shall rat be liable for damages as a rewo of delays due to anuses not reasombly foecomable which are beyond it..bit .1.1 all without it feel, oftedligence, such acts official, acts of civil or military amine ilies, governmental Triennia, fires, strikes. Bond, epidemics, was or don, provided that notice of the codldoa causing such delay is given as the Purchaser within five (5) days of the time when the Seller first received knowledge thercuf. In Ile event of any such delay, the dare of delivery shall be extended for the period equal an the time actually lost by more of the delay. 3. WARRANTY. The Seller warren, that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other dacnptions given, will be lit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work of a 'molar store. Ile Seller agrees ro hold the purchaser armless from any loss, damage or expense which the Purchaser may sulfa or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to Ile purchaser, any defects or fault arising within one (1) year or within such ]eager period of time m entry be presimd by law or by the terms of any applicable warranty provided by the Seller after the date of m x,fore , of the good fumishd hereunder (mceprmce rat b be numvimbly delayed), resulting from imperfm or defective work done a materials fumishd by the Sella. Accrmar" or ttse of good by the Purchaser shall not arrodum a waiver of any claim under this watrmly. Excepl ex otherwise provided in this purchase We, the Sellers liability haauder shall extend to all damages proximately caused by the beach of any of flee foregoing wareaatien or guomaters, but such liability sall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR M ERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wo nun change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tunas, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by vertical or written change order. If any such change affiect the amount due or the time afperfrmmre hereunder, an equitable djustmenl shall be made. 6.TERMINATIONS. The Purchaser may at any time by written change We,, .-a..,, this agreement as many or all po.,am of the good than not shipped, subject to any repairable adjustment barman the panics as to any work at awards then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of the gods cancer work, for incidental or consequential damages, and that no such adjustment ha made in favor of the Seller with aspect to any gored which are the Sellers standard sock. No such termination shall relieve the Purchaser or the Seller army oftheir obligations as to my goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be created within thirty (30) days from the dam the change In moninlo n is ordered. 8. COMPLIANCE WITH LAW. The Seller wartavts that all goods said hereunder shall have been produced, sold, delivered and furnisher in secret compliance with all applicable laws and regulations m which the goods am subject. The Seller mall execute and deliver such documents as may be requird to cit t or evidenre compliance. All laws and regulations expired to be incorporated as agmanch. of this character are ha rby incorporated barrio by this ref.. Fix, Seller agrees to indemnify and hold the Purchaser harmless from all cost and damages suffered by the Prclower as a result of the Sellers failure to comply with such Ina. 9. ASSIGNMENT. Neither party shall assign, member, or convey this order, or any monies due or to become due hereunder without he prior wnten consent oflhe ether pony. 10. TITLE. The Seller warrens, full, clear and unramicled 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, salary inverts, encumbrmccs and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. [I the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m be perfrmal by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Ile Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature maudlin, from the performance of soch work. This release shall apply even in the event of fault of negligence of the party relented and shall extend on the dirt olTcers and employees of such pan,. The Sellds command] obligations, including warranty, shell rim be deemed to be reduced, in any way, because such work is performed or caused to lac performed by Ile Buchan(. 14. PATENTS. Whenever the Seller is required to use any design, device, matmal or process covered by letter, patent, trademark or copyright, the Seller shall indemnity unit save harmless the Purchaser tram any and all claims for infringement by mawar of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch min aliment at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereat or the intended use of the goods, is in such suit held to constimm infringement and the use of said equipment or pan is criminal, ,he Serer sail, at its own expense and at its option, either puncom ter the Purchaser the right Ir continue using said equipment or prat, mplare he same with substantially eqml ben noninfd ,fit., equipmrn,, or codify it so it laur ex noninfdnging. 15, INSULVENCY. If the Seller shall become insolvent or ank.pt make son assignment for the benefit of creditors, appoint a rearaver or muceme for any of the Sellers property or business, this order nay forthwith be canceled by the Purchsc without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be consmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers R,marmmtive(s), on the premises ofultas. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Seller's own risk until the same is fully campleed and accepted, and'sall, in case of any accident destruction or injury to the work andfor contents before Sellers final completion and acceptance, complete the work at Sellds own expense and to the satisfaction of the Purchaser. W'bea materials and equipment am burnished by others for installation or erection by the Seller, de, Sella shall receive, wheat, store and handle same at the site and become responsible therefor az though such materials andfr aluipment were being fumishd by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease lawfils, to its employees employed on or in connection with the work covered by this purchase order, anNor to their dependent in accordance with the laws of the stain in which the work is to be dome. The Seller shall also carry comprehensive gene.] liability including, but not limited to, wormmual and automobile public liability insurance will brolly injury and demh limit of at least $300,000 for my one person, 5500,01.0 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise inquire his ommaors, if any, to preside for such comprew and insurance. Before any of the Sellers or his contractors employees shall do any wort: upon the premises of others, the Seller shall furnish the Purchaser with a ttnifcam tat such co.,.a. and insurance have been p.vided. Such cenifica,a shall specify Ile date when such compensation and insurance have been provided. Such certifata shall specify the date wbrn such compensation and insurance expires. The Seller agency that such compensation and insurance shall be maintained until oiler the entire walk is completed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. Ile Set ler hereby assumes the entire responsibility and holiday for any and at l damage, loss injury army kind or nature whatoever to persons or property caused by or resulting from the execution ofthe work provided but in this purchase order or in connection herewith. Ile Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any am, action, neglect, omission or default on the part of the Seller, my of Ms contractors, or any of the Sellers or contractors officers, agent or employees. In case any suit or other proceedings shall ha brought against the Purchaser, in its officers, agents or employees at any time on account or by exaeon of any act action, meg1w. omission ear default of the Seller of any of his coni.cte. or any of it or their officers, agent or employees in aforesaid, the Seller hereby agrees to assume the def thereof ad to defend the same at the Sellers own expense, to pay any and all costs, charges, atmmrys fixes and other expends, any and all judgments dot may be incurred by or obtained against the Purchaser or any of its or their officers agents or wonde ns in such suits or other proceedings, and in case judgment or other lien ha placed upon or obtained against the property of the Purchaser, or said ponies 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 otherwise. The Seller and his contractors shall Like all safely reconfirms, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regaed to safety including, but without limitation, thc Occupational Safety and Health Act of 1970 and all roles and regulations bound pursuant thereto. Revised 07a014