HomeMy WebLinkAbout539869 VOGEL CONCRETE INC - PURCHASE ORDER - 9146212City of
/"'IF6rt Collins
Date: 10/23/2014
Vendor: 539869
VOGEL CONCRETE INC
6330 S COLLEGE AVE
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9146212 7of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DEPT-MASON
CITY OF FORT COLLINS
ENGINEERING DEPT-MASON
281 N. COLLEGE AVE
FORT COLLINS CO 80524
Delivery Date: 10/23/2014 Buver: JOHN STEPHEN
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
I STC concrete punchlist repairs 1 LOT LS 30,067.89
Per WO#1-VOG-92070-2014STC
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
Total
Pay terms net 30 days
Invoice Address:
W
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 exemptions. Bramble thr City of Fort Collins k exempt from state and local mxcs.Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cis ificze of Registry 84-6000597 is egis rued with the Collector of
Ineemai Revenue, Denver, Colorado (Be[ Commdo Revised Seem. 1973. Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure in men specifications, either when shipped or due to defers of
damage in transit, may be returned to you for credit and are not to be replied except upon receipt of written
instructions from the City of Fed Collins.
Inspection. GOODS are subject to the City of part Collins inspection on amisol.
Final Acceptance. Receipt of the merchandise, servers or equipment in response to Nis order can result in
authorized payment on the put of the Ciry of Fort Collins. However, it is or be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 WaW St., Fort Collins, CO 80522, unless
othemse, specified on this order. If pemission is given to prepay freight and charge separately, the original freight
hillmust nemmnanvmvoice Additional chances far rocking will not be icomed.
Shipment Distance. %%Tare manufacturers have distributing poino, in varima pans of the, country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rates of the state, exuaicipality, territory or political subdivision where
the work is Performed, or required by any other duly consisted public authority Leaving jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fon Collins bumless from anal against all liability and lout
incurred by them by person of an asserted or established violation of any such laws, regulations, offimancex, rules
and requirements.
Authorization. All patties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expessly tunic aecapmree to the terms and codiliots stated
herein set foM and arty supplementary or additional tams and candidates amrexM hereto err incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and perfomame must he efeeed within the time
stated on the purchase order aud the documents machd hereto. No owns of the Purchasers including, without
limitation, acceptance of partial late deliver¢, shall ri mm as a waiver affix provision. In the event ofany &day,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order clsewhee
and holding the Seller liable for damages. However, me Seller shall not be liable far damages as a result of delays
due as causes vim reasonably foreseeable which art beyond its reasonable central and withom its fault of negligence,
such acts or God, acts of civil or military amhomies, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event ofany such delay, the date of delivery shall be
extended for the period yual to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable
drawings, specifications, samples amber other descnames given, will be fit for the proaws intended, and
perfomtc l with the highest degree of care and competence in accordance with accepted srandaffs for work of a
imilar rmtoe. 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 i f womnty. The Sella shall replace, repair or make
good, without cost to the purchucq my defers or faults arising within one (1) year or within such longer peril of
time is may be prevent by law or by the terns of nay applicable wananry provided by the Seller infer the fide of
acceptance of the goods famished hereunder (acceptance not to be uneamwbly delayed), resulting from imperfect
or defective work done or materials Enmeshed by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of my claim under this warranty. Except as narcissism provided in this purchase order, the Sellers
Liability heeuMer shall extend or all damages proaimrely..it by the breath of any mf the foregoing ism amies
or guarantees, but such liability shall in no event include loss of pmfi. or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchser may make changes to legal terms by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes ro the t other thas, n legal remincluding adns err ditioto delerwas fear.
me quunities onginaly ordered in mespecifrm ura or drawings, by rernal or wren change order. If my such
change afecls the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purclmxr may at any time by written change aide, terminate this agreement as to any or all ponlons of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progreu provided rho me Purchaser shall cant be liable for my claims for anricapaud profis on me rrmompletd
portion of the goods and/or work, for incidental at consequential damages, and that no such adjumnent be made in
favor of the Seiler said, respect to any goods which are the Sellers standard sack. No such temination shall relieve
the North. .,,he Seller of any oftheir obligations as to any goads delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
offered.
8. COMPLIANCE WITH LAW.
The Seller wanens deal all goods sold hereunder shall have been produced, sold, delivered and banished in strict
compliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and
deliver such documents as may be merited to elfin or evidence compliance. All laws and regulations required in be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold me Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shell assign transfer, err convey this order, or any monies due or to become due hetewder without the
prior written arrester of the other party.
10, TITLE.
The Seller wamrs, full, clear and unrestricted title to ene Purchase for all returning, materials, and items famished
in petficarnmence of this agreement. fire and clear of any and all liens, restrictions, ramendiors, security interest
encumbrances and claims ofomr i.
I L NONWAIVER.
Failure of the Purchaser to insist upon strict performance of me terns and mndilimxs hereof, failure or delay to
exercise any rights or remedies provided herein or by law, fathom to promptly notify he Seller in the event of a
breach, the acceptance ofor payment for goods MrturWer or approval of the design, shall not release me Seller of
any of the warranties or obligations of this purchase order and shall emu be deemed a waiver of any right of the
pmrchaser to insist upon strict performance heria for any of its rights or marches as ter any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Imported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from entitrust
violations am in fact home by the Purchaser. Theretofore, for good cause and as considrmtion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges eluting to the particular good, or services
purchased or acquired by the Purchaser pursuant to this purchase offer.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe purchsser direcrs the Seller to coma nonconforming or defective goods by a dam to be agreed upon by the
Purchaser and the Seller, and the Seller lhercafcr indicate, ice inability or unwillingness to comply. the Pomhaser,
may cause the work m be performed by the most expeditious means available m it, and the Seller shall pay all
costs maimumed with such work.
The Seller shall release the Purchaser and its contractors of stay tier from all liability and claims of any nature
resulting from the performance fsuch work.
This release shall apply even in the went of Dolt of negigrnce of the parry released and shall extend to the
direcmrs, oTa,m and employees ofsuch parry.
The Sellers contractual obligations, including warzxmy, shall not be deemed In be reduced, in any way, because
such work is performed ter..it m be performed by the Purchaser.
14. PATENTS.
WTenever the Seller is requited to use any design, device, materal or process emerd by letter, patent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason 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 of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the gods, is in such suit held to con titum infringement and the use or
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmmew for the
Purchaser the fight to marline using said equipment or pans, replan the same with substantially equal but
noninfringing equipment, or modify it sec it becomes containment.
15. INSOLVENCY.
If fire Seller shall become insolvent or bankmp, make an assignment for the benefit of edirors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith he cannld by the
pmrchaser without liability.
16. GOVERNING LAW.
The definitions of terns used or the interpretation of the agreement and the rights ofall parties hereunder shall be
amounted under and governed by the laws o fin, State afCalmado, USA,
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including tha services ol'Sellm Represenmtive(s), on the premises crashers.
17. SELLERS RESPONSIBILITY.
The Seiler shall carry on said work at Sellers own risk until the same is fully completed and mceptd, said shall.
in u of any accident, destruction or injury to the work andfor materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
said equipment are f fished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and haudle same at the site and become responsible therefor as enough such materials amber equipment
were being fumuhd by the Seller sneer the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers ever, mumion, including communities)
disease benefits, to its employees employed on or in connection with the work covered by this purchase orde,
maker to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehemia general liability including, but not limited to, contractual and automobile public
liability maintenance with bodly injury and death limits of at least S3o0.dou far any one person, 550a,mla for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise mryie his
smarearrou if any, ro provide for such compensation and Imumm e. Before any of the Sellers err his mntracmn
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insunmce have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify me date when such compensation
and insurance expires. The Seller agrees that such compensation and immense shall he maintained coma after the
entire work is completed and mnpted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any end all damage, loss or injury ofany kind
or nature whatsoever 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 Pmchsers officers, agents and employers from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, card whether to remains or property to which the Purchaser may
he put or subject by reason of any act, action, neglect, omission or default m me pan of the Seller, any of his
contractors, or any of roe Sellers or contractors officers, agents or employees. In cos any suit or other
proceedings shall be brought against be Purchase, or its officers, agents or employees at any time on account or
by meson of any act, action, neglect, omission or default of me Seller of any of his continuous or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend me same at the Sellers own expense, to pay any and all costs, charges, attorneys f s and other expenses,
any and all judgments mat may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such xuis or other proceedings, and m asc judgment or other lien be placed upon or
obminal againsu the project of the Puremaer, or said parties in or as is mutt of such suits car other proceedings,
the Seller will at ones, cause rise some to be dissolved and discharged by giving bond or omerwise. The Seller and
his contractors shall take all snfey precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with ragaff to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuu t thereto.
Revised Oi12014