HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9146218Fort Collins
Date: 10/23/2014
Vendor: 108423
VOGEL CONCRETE INC
6330 S COLLEGE AVE
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9146218 11of2
This number must appear
on all invoices, packing
sli i 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 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Fairway Sidewalk installation
and ramp upgrade Per WO
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
39,658.62
Total $39,658.62
Pay terms net 30 days
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. COMMERCIAL DETAILS.
Tex exemption. By samrc the Ciry of Fon Collins is <xempd fmm sole aad tool owes. Our Exemption Numberis
9841,1502. Federal Excise Tax Exemption Ceaifcme of Registry 84-6000587 is registered wir the Collect- of
In arood Revenue, Denver. Colorado Prof, Colorado Revised Stump 1973. Chapter 39-26,114 bar
Goods Rejected. GOODS REJECTED due to failure to rams saifood as, either wbm shipped -due to &fee. of
damage in tnanR, may be re,fned m you for credit and arc par m be replaced except upon receipt of wrinm
restaurants from foe City of For Collins.
Inspection GOODS are subject a the City of For Collins inspection an arrival.
Fiat Accepmnce. Receipt of the me -handles, sluices or apartment in resparlse to this ode, can
rHolt in
caoon,,t l payment on the part of the City of Fiat Collins, However, it is to tounderstood thatFINAL
ACCLPI'ANCF, is dependent upon completion of all applicable required inspection procedures.
Freight Tetras. Shipments must be FOB., City of Pon Collins, 700 Wash St., Fort Collins, CO 80522, unless
of ciasiu materiel on this order. If permission is givm m prepay freight and charge upammly, the original freight
bill most azcompany invoice. Additional charges for packing will scat the, accepted.
Shipment Distance. %here mavu(amuaers have distributing points in samoss pans of the country, shipment is
expected fmm the nearest distribution point to destination, and excess freight will be located fmm Invoice when
shipments are made from greater disma,
Permits. Seller shall procure m sellers who cost all mess ry permits, anfifimtes and liceoses acquired by all
applicable laws, regulations, ordinances and roles of the some. municipality, teni,-y or political subdivision where
,be work is perforated, or squired by any offer duly monitored public minority having jurisdiction over the work
of vendor. Seller Either agrees to hold the City of For Collins Ford. from and against all liability and loss
punned by them by factor of ca armed or esmblished violation of any such laws, regulations, ordinates, rules
and requirements.
Authorization All parties in this contract agree that the representatives are, in fact, bona fide and ppsseV full and
complete authority to bind said parties.
LIMI IATION OF TERMS. This Purchase Order expressly If mill acceptance to the tomes and conditions stated
herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional or diffic mt temp and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date a noted. Time is of flue essenn. Delivery am performance must be eft toil within the time
sUtcd on de, purchase coder and the comments attached bemo. No sets of the Purchasers including. without
limitation, acceptance of panfl late deliveries, shall climate as a waiver ofthis provision. In the event ofany delay,
the Pomleaer shall have, im addition to from legal end actable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. Howevt. be Seller shall cat be liable far damages as a malt of delays
due to maws not reawnably f smsecable which au blond its reasonable canal and correct its fault of negligence,
such acts of Gad, acts of civil or military authorities, governmental priondcs, fires, spikes, Rood, epidemics, wars or
fiats provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge neater. In the event of my such delay, the dam of delivery shall be
extended for the amad equal m the If., acfally lost by reaon of the delay.
3. WARRAN I'Y.
Thc Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specification, 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
imilar nature. The Seller agrees to hold the purchow, handeop fmm any lass, damage or expense which the
Purchaser may suffer or incur on account of fe Sellers breach of watmnty. The Seller shall replace, repair or make
good, without cast to the perchance, any defects or faults raising within one (I) year or within such longer Issued of
time as my be prescribed by law or by the tears of any applicable warranty provided by the Seller after the date of
acceptance of the goods banished hereunder (acceptarms not to be unreasonably delayed), resulting fmm impertr
or defective work done or materials furn¢hed by the Seller. Acceptance or sew of good by the Purchum shall not
.."are a waiver ofany claim under this war anry. Except to wherwise provided an this purchase order, the Sellers
liability hefaandu shell extend to all damages pm urandey roused by the breach of any of the foregoing wamcuries
or guarantees, but such liability shall in no event incline loss ofprofim or loss of pis. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Function, may make changes a legal a mhs by worm change order
5. CHANGES IN COMMERCIAL TERMS.
The P-clenor may make any changes to re terms, other than legal tames, including additions to or deletions from
the qua originally ordered in the spasufcations or drawings, by verbal o change order. If any such
mores or
change a0'eds the amount due .,the time of perfonnanw hercundu, en equitable vtljnrment shall be male.
6. TERMINATIONS.
The Purchaser may at any time by written change order, location, this agreement as to any o, all potions of the
goods then not shipped, subject to any arguable adjustment between the parties as to any work or mammals then in
progress provided that be purchaser shall not be liable for any claims for anticipated profits on the uncompleted
potion of the goods author work, for incidental or contamalial damages, and that an such mjussrment he made in
favor of the Seller with respect b any goods which art the Sellers standard stack. No such paramount shall relieve
the Purchaser or the Sella of my offfew obligations as many goads delivered hcreumer.
I. CLAIMS FOR ADJUSTMENT.
Any claim f- adjustment most he asseted within dairy, (30) days from foe date the change or termination is
proved.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in spit
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as may be required m effect or evidence complicate. All laws and regulations rryoiral to be
ar,ta ted In agreements of pis character are hereby incorporated herein by this refeream. The Seller agrees m
indennify and bald the Purchaser harmless fmm all costs and damages u116rtd by the Purchaer as a result of the
Sellers Drum to comply with such law.
9. ASSIGNMENT.
Neither Family shall assign, transfer, or convey this polar, or any monies due or to become due hereunder without the
prior written consent of foe other party.
10. TITLE.
Pat Seller warrants full, clear am unrestricted title to the Purchaser for all quipmenL rramnals, and items fumished
in performance of this a®mrof f and clan of any and all liens, mtnction, resrnatipre, sanity imeral
mcumbr mars and claims of offers.
I I. NON WAIVER.
Failure of the Purchassr W insist upon strict perfomunte orthe tames and conditions hereof, failure or delay to
any fights or ranedies provided herein or by law, failure no promptly notify the Sella in the event of p
breach, the acecpmace ofor saYmend fro goods hereunder or approval ofthe design, shot] trot release the Sella of
my of the wamares or obligmon of this purchase order and shall rot be, deemed a waiver of my right of the
purchaser to must upon strict performance hereof or any of its rights or remedies a to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryaned
anal modification or rescission of this pudhau order by the Purchaser operate as a waiver of any of the teams
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that istunt a is practice, overcharges reading front untitnut
violations , 1are in feet home by the Purchase, for ugood cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under fedenal or state antitrust laws for such overcharges relating to the imiculo goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coucm nonconforming or defective goads by a date as b agreed upon by the
purchaser and the Seller, and the Seller thereafter indicates its reffiliry or unwillingness to comply, the Purehrowr
may cause the we& ,o be performed by the mast expedmnus means available m it, and the Seller shall Wy all
cost- aemoeunal With sneh work.
The Seller shall release the Purehaer and its contractors of any tier fang all liability and claims of any namrc
ramdng fro the perfomtanm of such work.
This release shall apply even in the an of fault of negligm<e of the many, releaced and shot] extend to the
directors, oRcers and employees offsets pang.
'The Sellers anduser el obligation, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be perfumed by the Purchaser.
14. PATESH S.
Whenever the Seller is required to use any design, device, material or process wvered by letter, patent trademark
or copyright, the Seller shall indemnify and save harmless the Purchase fmm any and all claims for infrngement
by reason of the use of such patented design, device, regional or process in connection with the compact, and
areal indemnify the Purchaser for any cost, cxpcae or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosttution or after the completion of the work. In crow said equipment, or
any can thereof in the intended use of the Saudi, is in such suit held m combine infn-rgement anal he sew of
said ampersand or pan is enjoined, the Seller shall, at its own expense and at its option, either procuu for the
Purchaser the tight 10 mundane using said equipment or parts, replace the same win subsmntially cgaal but
rloniafrill equipment, or modify it w it becomes naninfiming.
15. INSOLVENCY.
If the Seller shall narrow insolvent or bcakmpt make an assignment for the bmcfit of creditors, 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 defni,ion of terra used or the frompretmion of the agreement and the rights of all panics hereunder shall be
constioed under and governed by the laws ofthe Sum of Colorado, USA.
Po following Additional Conditions apply only in cases where foe Seller is to pert on work hereundev
including the services of Sellers Repreunitiverd, on the premises of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall may, oa said wfk at Seller's own risk until the time is rally wmpletal and accepted, and shaft,
in tie of any accident, destruction - injury Ip tle work and/or andaid, ben Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of be Pfcham. %Ten materials
end auctioning art Earthed by ores, for installation or motion by the Sella, the Seller shall naive, unload.
score and handle time at use site and become responsible therefor as though such nataials amber quipmmt
was Bing famished by the Seller under the aide,
18, INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including oceupfional
disease bnefiss, to its employces employed an or in connection with the work covered by this purchase orda.
prefer to their dependents in accordance with the laws of the sum in which foe work is to be done. The Seller
shall also curry comprehensive genemi liability including. but not limited to, contmeti al and automobile public
liability insurance with bodily injury and dealt, limits of at leas' Saturnian or any one per mn fidono,1100 for any
one accident and foppery damage limit per accident of S400,000. The Seller shall likewise require his
it any, to provide Far such compensation and insurance. Before any of the Sellers or his contractors
employees shop do any wo,k area the premises of others, the Seller shall famish the Purchases with a ecrlficase
flail such compensation mid insurance have been provided Such certificates short specify the date when such
compensation and issuance have ban provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be pr incained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes do entire responibilay am liability for any and all damage loss or injury ofany kind
or namfa whauoeveno person or property caused by or resulting firopper the execution ofthe work provided for in
this pumbaw order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
r all of the Purchaser, officers, agents and employees fmm and against any and all claims, losses, damages.
charges or expenses, whiner that or indirect, and whether to persona or property to which the Purchaser may
b put or subject by mosrm of any net, action, neglect. omission or default on foe pan of be Seller, any of his
conamerars, or any of the Sellers or computers oRcers, agents or employes. In case any suit or other
praceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller or any of his mpanacmrs or any of its or
their oRcers, agents or employees as aforeuid, the Seller hereby agrees to assume the defense therm( and to
defend the same at the Sd1crs own expense, to pay any and all costs, 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 suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaev or said parties in or as a result of such mite or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving band or fhasiiu. The Seller and
his control-s shall take all safety precamlon, famish and intall all grand vaa., for he prevention of
accidents, comply with all laws and regulation with regard to safety including, be, without limitation, the
Dramatiowl Safety and Health Act of 1970 and all rules and regulation issued pursuant themo.
Revised 072014