HomeMy WebLinkAbout539869 VOGEL CONCRETE INC - PURCHASE ORDER - 9146992Fort Collins
Date: 11/28/2014
Vendor: 539869
VOGEL CONCRETE INC
6330 S COLLEGE AVE
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9146992 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 11/26/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Pedestruan Plan & ADA 1 LOT LS 41,800.00
WO #07-VOG-400903700-14
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:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCLV.DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Numbs is
984)4502. Federal Excise Tox Exemption Cenifcate of Registry M 6000582 is registered with the Colltttar of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stainless 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due m failure to men specifications, either when shipped or due to defects of
damage in trans t, may be returned to you for credit and art not to be replaced except upon receipt of written
instructions from the City of Fan Collins.
Inspection. GOODS ate subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in raponse to this order can
result in
authorized payment on the pan of the City of Fort Collins, However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon completion craft applicable required inspection procedures.
Freight Terms. Shipments most be F.O.D.. City of Fan Collins, 700 Wood SL. Fan Collins, CO 80522, unless
otherwise specified on this notes. If permission is given to Lustily freight and charge scpznmly, the original freight
bill most accompany invoice. Additional charges for packing will not be, accepted.
Shipment Distance. Where manufacturers have distributing points in Vitamins pans of the country, shipment is
expected fmm the nwrest distribution point to destination, and excess freight will be deducted from Imoic , when
shipment are made fmm greater distamx.
I L NONWAIVER.
Failure of the Purchaser to insist upon strict pert race of the tcitm and canditions herself, failure or delay to
eany rights m remedies Provided herein m by law, failure to promptly notify be Seller in the event of a
breach,th, acceptance ofo, payment for aid, hereunder ar approval afthe design, shall ml rslarea tM Sells of
any of the wananlies or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereufor any of its rights or remedies a to Boy rush goods, mgaNless
of when shipped, received or accepted, a to any prior or subsequent default hereunder, nor shall my pinioned
and modification or rescission of this purchase notes by the Putcbua operate as a waiver of any of the terms
heref.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust
violations arc in fact Nome by the Purchaser. Theretofore, for goad cause and as conidemtlon for executing this
purchase order, the Seller hereby asigm to the Purchases any and all claims it may new have or hereafter
acqubed under federal or state antitrust laws for such coachrge, relating to the ratiallar good err maxims
Farmhouses] m acquired by the Purchaser pursuant tat this purchase under.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to commit nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereaRer indicates its inability or mewillingness to comply, the Purchaser
may come tM work to be performed by the most expedition , ,writ available to it, rand the Seller shall pay all
ants nowmizRd wind such work.
Pamirs Seller shall promote or sellers ale cost all novel permits, certificates and becama assumed by all
applicable laws, regulations, ordinances and roles ofthe mate, municipality, tenimry or Political subdivision where
the work is aspoined, m eequired by any mher dalyconstituted public authority having jurisdimion over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
Incurred by them by mason of an assented or established violation of any such laws, regulation, ordinances, rules
and ramaments.
Authorization. All parties to this contract agree that hie representatives art, in fact, bona fide and possess full and
complete authority to bind said parties
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and machinists stored
herein set ford and any supplementary or additional tens and conditions annexed hereto ar incorporated herein by
mfereme. Any additional or different teems and audition popm d by seller ate objected to and hereby rejatM.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot make complete shipment to arrive on your
Promised delivery date as, noted. Time is ofthe essence. Delivery and performance mist be effected within the time
sated an the purchase aide, and the documents anachad hereto. No acts of the Pmchuers including, without
limitation, accepmace ofpaniel late deliveries, shall apmrs. as, a waiver of this provision. In the event army delay,
the painful shill have, in addition to other legal and aluitable morn , the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall rot be liable for damages at a result of delays
due to causes not woonably foreseeable which are beyond its m xoruble annual and without its fault of negligence,
such act OfGOd, is Of civil m military autharities, govemmmtal pricanow, fires, strikes, flood, epidemics, was or
riots provided that notice of the conditions caning such delay is given m the Purchaser within five (5) days of the
time when the Seller fro received knowledge flamel In the went of any such delay, the date of delivery shill be,
extended for the period equal to the time actually lost 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 andfor other descriptions given, will be Et for the purposes intended, and
performed with the highest degree of core and compete. in accordance with accepted staMmds for work of a
tm ker nature. The Seller agrees m hold the purchaser homeless; faro any loss• damage or expense which the
Purchaser may suffer or mouton account *file Sellers breach of warranty. The Seller shall explore, maintain, make
good, without cast m the purchaser, my defects or faults raising within one (1) yens or within such longer period of
rime a may be passembled by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the good famished hereunder (mceptance not to be unreasonably delayed), resulting from imperfect
or detective work done or materials fumished by the Sella. Acceptance or we of goods by the Purchaser shall not
emotions a waiver ofmy claim order this warearty. Except as otherwise povue d in this purchase order, the Sellers
liability hereunder shall extend to all damages prw,mandely causal by the breach of my of the foregoing —,a.
or guarantors, but such Imbiliry shall in no were include loss of profit or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase may make changes to legal terms by wine change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the ¢ors, other than legal ¢rats, including additions to ar deletions from
me quantities originally ordered in the speifilannew or drawings, by verbal or written change order. If any such
change affect the atn mr, due or the time ef,dormance hercundeq m equimble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wriment change oiler, terminate this ageemenl in W any m all potion of the
goods then mat shipped, abject to my eglia ble adjustment Mtwem the panic ns to my work or materials then in
progress pervaded that the Purchua shall not be liable for any claims for anticipated profit on the uncompleted
portion of the goods andbr work, for incidental or anco quentlal damages, and that no such adjatmem be made in
favor cribs Seller with respect to my goods which are the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller of any ofthci, obligation re to any goods delivered heeunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days fmm the date the change err mammalian Malian is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods said hemander shall have been produced, sold, delivered antd f ished m suict
omplianec with all applicable Laws and regulation to which the good re , subject- The Seller shall execute and
deliver such documents as busy he nameat to effect or evidence compliance. All laws and regulations required to M
unmounted in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all gists and damages suffered by the Purchaser is a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall r aign, vaafer, or convey this order, or my monies due or to become due hereunder without the
prior writ summer of the other parry.
10. TITLE.
The Sella wommus full, clam and unrestricted title to the prachasa for ail equipment, materials, and items famished
in performance of this agreement. Bee and clear of any and all lien, restrictions, raavutioru, aauriry inareat
ecttmbrames and claim of others.
The Seller shall release the Purchum and its commemrs of Any lie, fmm all liabil icy and claims of any mmrc
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party relessed and shall extend to the
directors, oRcem and employees of such pmry.
The Sellers contractual obligations, including warranty, shall not be deemed to M reduced, in Any way, because
such work is performed or caused to M performed by the Purchaser.
14. PATENTS.
Whenever the Seller is raluired no use any design, device, material or process covered by letter, patent, trademark
or copyright the Seller shall indemnify and cove harmless the Purchaser from my and all claims for infringement
by reason of the use of such parented design, device, material or process in connection with hie mmona, and
shall indemnify the Purchacr for any cost, expense or damage which it tray 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 emotional, or
any part thereof or the intended we of the good, is in such suit held be constitute infringement and the we of
said equipment or part is a joined, the Seller shall, in its awn expense and at its option, either procure for toe
Purchaser the right to continue using said equipment or pans, replace the some with substantially qual but
wainGnging maipmmt, or modify it an it becomes mninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent a bankrupt, make an assignment for the benefit of creditors, Appoinl a
receiver or trustee for any of the Sellers property or business, this order may forthwith tocanceled by hie
Partialwithout liability.
16. GOVERNING LAW.
The definitions oftms word or the interpretation ofthe agreement and the rights ofull parries hereunder shall W
command under and governed by the laws of the State of Colorado, USA.
The following AdditimW Condition apply only in cases where the Seller is to perform wok hereunder,
including the service, of Sellers Reprtsentative(s), oa the premiss ofothers.
IT. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is fully completed and mceptal, and shall,
in cow of any mordent, deswction or injury to the work andtor materials before Sellers fecal completion and
acceptance, omplete the work at Sellers awn expense and to the atufaction of the Purchases. When materials
and eximpttt are furnished by others for installation or erection by the Sella, the Sella shall receive, mdaad,
stare and handle same at the site rid become responsible Orcrsfor a though such marsriak anal equipment
were Ming Burnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease Mneft, m it employees employed an m in eomner ion with the work covered by this purchase order,
and/or to their dependant in mordana with the laws of the state in which tM work u to M door. The Seller
shall also carry comVrehesive general liability including but not limited to, cantmctud and oulowebile public
liability insurance with bodily injury and death limits of at least S3t81,000 for any one person, S5010,000 for any
one accident and property damage limit per accident of F4181,000. The Seller shall likewise require his
conmacmrs, if any, to preside for such compensation and insurance. Before any of the Sellers or his comments
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a artifwm
slut such compensation and insurance have been provided. Such artifcita shall specify the dime when such
compensation and insurance have Men Provided. Such certifiotes shall apeciy the date when rush campeaat mn
and insurance expires. The Seller agrees that such compensation and insurance shall M mainrained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entM tesponibiliry and liability for my and all damage. loss or injury army kind
or come whatsueve, in person or progmy caused by or resulting fmm the execution ofthe weak provided fro in
this pumba¢ under or in ermection hanewith. The, Seller will indemnify and hold harmless the purchaser and my
or all of the Purchasers .Miters, agents and employees from and against my and all claims. Iossa. damages,
charges or expertes, whether direct or indirect, and whether to persons or property to which the Purchaa may
be put ter subject by swan of my act action, neglect, omission m default oa the pan of the Seller, any of his
connotations, or any of the Sellers or contactors officers, agents or employees. In rase my suit ar other
proceedings shall be brought against the purchases, or it officers, agent or employees at my time on mcouat at
by pawn of my ter, action, neglect, omission or delmll of the Sella of any of his on.. err my of it or
their officers, agents or employess as aforesaid, the Seller hereby agrees to assume the defense tharof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, anomeys fees and other ramues,
any and all judgment that may M incurred by or obtained against the Parchuer or my of its or their officers,
agents or employees in such suits err other prmeedings, and in come judgment or other lie be placed apart or
Obtained against the property of die Purchaser, or said parties in or w a result of soh wits or other necessitous,
hie Sella will or once come the come m be dissolved and discharged by giving bond or otherwise. The Seller and
his contmetom shall We all safety pncau4ons, football and iutnll ell guard necaary for the preserve. of
accidents, comply with all laws and regulations with regard to mar, including, but without limitation, the
Occupational Safety aM Health Aet of 1970 and all roles and regulations issued plan sumt thereto.
Revised 07=4