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HomeMy WebLinkAbout539869 VOGEL CONCRETE INC - PURCHASE ORDER - 9146992 (2)of Fort Collins Date: 11/28/2014 Vendor: 539869 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9146991 1o12 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 11/26/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Pedestruan Plan & ADA WO #08-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 1 LOT LS 16,500.00 Total $16,500.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIALDEI'AIIS. Tax exemptions. By secure the City of Fort Coition; is exempt from slide and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intemvl Revenue, Denver, Colorado (Ref Colorado Revised Status 1993, Chapter 39-26. 114 Ed, Goods Rejected. GOODS REJECTED due to failure to meet sped ficadions, either when shipped or due to defects of damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of women instractions foe the City of Fart Collins. Inspection. GOODS are subject to Om City arrow Collins inspection on arrival. Final Acceptance. Receipt of rise merchandise, services or tquipmem in response to this order con result in aulhoaied payment oa the part of the City of Tom Collins. However, it is m be understood Nat FINAL ACCEPTANCE is dependent upon compleion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of For Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for Fachng will not be accepted. Shipment Distance. Where anamfacavers have distributing points in various parts of the country, shipment is expected from the ncorest distribution Or to destrution, and excess fright will be dialectal Gom Invoice when shipments are made fens greater do.. Permits. Seller shall procure at sellers sale cost all necessary pwmits, cewifimres and licemcs rumrd by all applicable laws, regulations, ordinances and tales of the mr, municipality, territory or political subdivision where the work is performed, or required by any other duly constitutd public authority having jurisdiction over Ne work of vendor. Seller fwher agrees to hold the City a ran Con ins harmers fmm and against ell liability and lass enderred by New by minor of on ma ned or established violation of any such laws, regulatium, ordinances, rules requirements. I I. NONWAIVER. Failure of the Purchaser to insist upon strict peRomance of the terms ad conditions hereof. failure m delay to exercise any rights or semedin provided herein or by law, failure to Promptly notify le Seller in the event of a breach the acceptance of -payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfoaromm hemofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any Prior or subsequent default herundeq nor shall any paspaned used modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end the Purchaser mognitt that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Themtofam, for good calm and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claim it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by tee Purchaser pun., to this purchase miler. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dimcts the Seller to canon nonconforming or defective goods by a dude to be agreed upon by due Purchaser and she Seller, and the Seller thereafter coheres its inability or movilingacss to comply. the Puuhaer may cause the work to be performed by due most expeditious memo available to it, and the Seller shall pay all cars wsocimed with such work. The Seller shall relcose the Purchaser and its contractors of any tier free all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the evenr of fault of negligence of the party released and shall extend ta the directors, officers and employees clench parry. Authorirsdon. All parties to this contract agree Oat the repreunmtives are, in fact beer fide and possess full and The sewers contractual obligations. including wamnty, shall cot M dcemed to be reducd, many way, banner complete authority to bind said parties. such work is performed or caused to be performed by due Purchaser. LIMITATION OF TERMS. This Purchase Under expressly limits acceptance to the terms and conditions s ared Inner set form and any supplementary or addromat muds ad conditions annexed hereto ar war bowed herein by inference. Any additional or diffemm tams and conditions proposal by seller art objected m and hereby rejamd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Fictive, and performance most be effected within the lime stated on the purchase under and the documents attached hereto. No are, of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this under elsewhere and bolding the Seller liable No damages. However, IN Sella shall and b , liable for damage as a ranh of delays due no comes not rmwmbly forceable which arc beyond its tmwmble cartel and without its fault oF.,bgmce, such provided that x notice of military amh noting such demenml priorities! ,wiser Rood, ere L) ia,warsm note provided Nat Seller fice received conditions causing such delay is given n me h delay, t within five liv days of me time when the Seller lam staved knowledge least(. In the event crony such delay, rise date of delivery shall be extended for the period egml to the time actually lost by reason clubs delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable damem,s, specification, implies ardor other deraigions given, will be, fit for the purposes intended, and Performed with the highest degree of core and compemme in accordance wish accepted s chdmds for work of a similar nature. The Seller agrees 1. hold Ne Ouubsse, harmless fmm my lass, damage or expense which due Purchases may sufferer incur on account of le Sellers breach of s arsenry. The Sella shall replace, repair or make good, inland view to the pumbmea my defects or faults wising within one (1) year in within such longer period of time as may IR presmbd by law or by the terms of any applicable wartsvry Provided by der Sella after the date of acceptance of the goods Furnished] hereunder (acceptance not to be unrezwrably delayed), resulting fmm imperf t or defective work done or materials famished by the Sella. Acceptance or sew of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Seller liability hereunder shall extend to all damages Proximately caused by the breach of any of the foregoing warranties or grantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puchaer may make cbanga m legal it. by wrinen change oiler 5. CHANGES IN COMMERCIAL TERMS. The Purchaser, may rake any changes m the men, other than legal trom, including additions to or deletions firma the quantities originally ordered in the specifications or miasmas, by verbal or warcn change order. If any such change affects for amount due or the time ofperformance hereunder, an u,itable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement in to any or all purmax of the goods then not shipped, subject to any equitable adjustment Eason, Om parties as to any work or nowm s then in progress provided that the Purchaser shall not W liable for my claims for anticipated profits on me uncompleted portion of the goods anchor work, for incidental or constitutional damages, and Nat no such w1jusme n be made in favor of the Sella with respect he any goods which art the Sellers madvd stock. No such temimtion shall relieve the purchaser or the Sella army of lc,, obligations a to any gas delivered hereunder. T. CLAIMS FOR ADJUSTT MENT. Any claim for adjustment must be asserted within dirty (30) days from the dote the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wmmnts mat all goods sold hereuMer shall have been produced and, delivered and fmishal in strict compliance with all applicable laws and regulations to which me good am subject. The Sella shall exame end deliver such documents as may ire required to elTen or evidence cmnplieme. All laws and regulations r omml ro be incorporated in agreements of this character use hereby inmryomtal herein by this inference. The Seller agrees to indemnify and hold Ne Purchaser humlue, from all Or. and damages sufT d by Ne Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor wrium consent of the other parry. 10, TITLE. The Sella wawms fill, clew and vuresMan fide to me pumcaser for all ryuipmmt, mscrials, an, items Sumishd in performance of this agreement fics, pod clew of any and all liens, restrictions, taervadons, security interest rprwrmmwrx and claims ofoNers. 14. PATENTS. Whenever the Seller is ugoiml to tree any design, device, material or process covered by letter, pwenr, trademark or copyright, the Seller shall minority and save harmless the Purchsa from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the warned, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to Pay by reason wrench infringement at any time during the persecution or after the completion of the work. In case said equipment, or any paw thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipmeat or pan is joimd, the Seller shall, at its own expense and at its option, either prance for Our Purchaser, the right to continue using said supopmmt or posts, replace the same wain substantially a1m1 but naninfringing campmrnd, or modify it w it becomes mninfinnging. IS. INSOLVENCY. If the Sella shall become insolvent or baMrupl, make an assignment for the bereft of credimrs, appoint a mother or trustee for my of the Sellers property or business, this order may forthwith be anceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of term cad or the imagination ofthe agreement and the rights of all perm,; hereunder shall he removed under and governed by the laws of the Sure ofColomdo, USA. The following Additional Conditions apply only in taus where she Seller is to perform work hereunder, including the smdca of Sellers Representative(s), on the premisas arouses. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until le same is fully completed and aceptal and shall, in u of any accident, destruction or injury to the work and/or mamrials before Sellers fired completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment we famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle mine at the site and become responsible therefor as though such mmMals and/or equipment were being frmisbed by the Seller under the mda. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers romper lion, including occmpanoml disease benefits, to is employees employed on or in connection with the work covered by this purchase order, andlar to their dependents in accordance with the laws of the scam in which the work is to be done. The Seller shall alw cony comprehensive geawadl liability including, but not limited to, contractual and automobile public liability insuance with bodily injury and death limits of at least $300,003 for any one person, $50o," for any one accident and property damage limit per accident of $400,000. The Seller shall likewise retire his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall Finish the Procurer with a certificate dust such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have hem pmvidd. Such certificates shall specify the date when such compensation and insumme vaginas. The Sell,, agrees that an compensation and insumnm shall be maintained unfit aria due entire wok is romplan and session. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage loss or injury orany kind or nature whatsoever to persons or property caused by or resulting fmm Re execution of the wok 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 Purctoom officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons m propety to which the Purchase, may be put or subject by reason of any act anion, neglect, omission or default on the pow of me Seller, any of his contractors, or any of Ne Sellers or contractors officers, agents or employees. In come any suit or other proceedings shall be brought against the Purchaser, or its officers, as. or employees at any tins, on accomt or by maven of my act, action, neglect, omission or default of me Sella of my of Iris conmdors or my of its or their officers. agents in employees as aforesaid, the Sella hereby agrees to assume me defense thereof ad to defend Ne same at me Sellers own expense, to pay any and all costs, charges, mwi fees and ocher expenses, any and all judgments that may he incurred by or obtained against the purchaser m my of its ar their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obwinal against the property of the Purchaser, or said parties in or as a result Orion 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 take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all Lows and regulations with regard to safety including, but without limitations, the Oocupmicuvl Safety end Haiti Act of 1970 and all tales and regulations issued pursue, memo. Revised O712014