HomeMy WebLinkAbout539869 VOGEL CONCRETE INC - PURCHASE ORDER - 9147490City of
FF6rt Collins
Date: 12/18/2014
Vendor: 539869
VOGEL CONCRETE INC
6330 S COLLEGE AVE
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9147490 1of2
This number must appear
on all invoices, packing
sli i and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 12/18/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Pedestrian Plan & ADA
WO #10-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.00m
1 LOT LS
44,046.89
Total
Pay terms net 30 days
Invoice Address:
FIE
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIN.DEIAI1S.
Tax exemptions. By amtme the City c f Fon Collins is exempt from stare and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60o0587 is mpautd with the Cullom, of
Failure of the Purchaser to insist upon strict perom ence of the it. and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Someas 1973, Chapter 39 26,114 (a).
exercise any rights or remedies provided herein or by law, Estate on promptly notify the Sella in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Sella of
Goods R jatd. GOODS REJECTED due to failure to mad sped fialions, either when shipped or due to deals of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
damage in transit, may be occurred to you for credit and lee not to be replaced except an receipt of written
purchaser to insist upov stet performance hereofor any of its rights or remedies as in any such goods, regardless
instructions from the City effort Collins.
of when shipped, received or accepted, as to any prior or subma mal default hereunder, nor shall any purported
oral modification or rescission of this pnrchau orda by the Pumhaxa operate as a waiver of my of the terms
Inspection. GOODS are subject to the City of Fall Collins impaction on arrival.
hnmf.
Final Acceptance. Receipt of the merchandise, services or equipment in response m this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser margairn that in actual economic practice, overcharyes resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact borne by the Purchaser. Thermomm, for good aver and me consideration for executing this
purchase order, the Sella hereby assigns to the Purchaer any and all claims it may now have or harmer
F.i,h, Terms. Shipments tens, be F.O.B., City of Fan Collins. 900 Wood St., Fort Collins, CO 90522, unless
acquired under faced or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. Ifpermission is given to prepay freight and charge separately, the original fight
purchased or acquired by the Pumhasmpursuant to Nis purchase clear.
bill must accompany invoice. Additional charges for parking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufmrurers have distablow, points in various pans of the country, shipm.t is
Him Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nruren distribution paint to deatinxtion, card excess freight will be deducted from Invoice when
Purchaser and the Seller, and he Sella therealler indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greame dismn¢.
may cause the work to be performd by the most expditious means available to it, and the Seller shall Pay all
cons aasocimd with such walk.
Pmmio. Seller shall procure at milers sole cost all necesmry permits, artificmes and licemes aquird by all
applicable laws, regulations, ordinances and rules of the mme, municipality, territory to political subdivision where
The Sella shall release the Purchaser and its contractors of any lie, from all liability and claims of my nature
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
resulting from the performance of such work.
of vendor. Sella Porter agrees to hold the City of Fart Collins harmless fmm and against all liability and loss
incurred by them by reamn of we acsened or astablebral violent. of my such laws, regulations, ordinances, talcs
This release shall apply even in the event of fault of negligence of the party releaed and shall extend to me
and requirements.
directors, oRcers and employees tifsuch party.
Anthonamial All panics het this comrml agree the, the representative, are, in fact. bona fide and possess full and
complete authority to bind said patties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated
herein set forth and any supplementary or additional terns and conditions annexed hereto m incorporated herein by
refrence. Any additional or different terms and conditions proposed by seller are objected to and hereby mated.
2. DELIVERY.
PLEASE. ADVISE PURCI IASING AGENT immediately ifyou cannot make complete shipment m drive on your
promised delivery date as poled. Time is of the ossenre. Delivery and ❑ Ommunce must be effected within the lime
stated on the purchase order and the documents anachad hereto. No acts of the Plechnsces including, without
limitation, acrepmnce ofpartiel late deliveria, shall opcmb an is waiver of this provision. In the ecta l ofany delay,
the Parchaer shall have, in addition to other legal and equitable remdies, the option of placing this order elsewhere
and holding the Sella liable for damages. Becalm, the Seller shall nor b, liable for damages in a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such act of God, acts ofcivil or military tutharities, governmental priorities, fires, strikes, food, epidemics, wars or
coo provided that notice of the conditions coating such delay, is given to the Purchaser within five (5) days of the
line when the Sella first received knowldge doer.(. In the event of any such delay, the dam of delivery shall be
extended fur the paned equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller woman, that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andor other descriptions given, will be fat for the purposes intended, and
pert d with the highest degree of care and competence in accordance with accepted standards for work of a
similar rmure. The Sella agrees to hold the purchaerr harmless Gam my loss, damage or expense which the
Purchaser may suffer cr incur me azcoma of the Sellers breach of wmravty. The Sella shall replace, repair to make
god, without cost to the purchaser, my def c, or ratio arising within one (1) year or within such longer period of
time as may be preacribd by law or by the temp of my applicable warmly provided by the Seller after the dam of
acceptance of the goods furnished hereunder (inerg race not to be unreasonably delayed), resulting fmm imperfect
or defective work done or nationals fished by the Seller. Acceptance or use of good by the Purchaser shall not
.mtime a waiver of my claim under this wmrmly. Except as otherwise Paneled] in this purchase order, the Sellers
liability haemuc a shall extend W all damages prominently award by the breach of any of the foregoing wmrentia
or gmende s, bur sash liability shall in eta event indde loss of profice or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Further may make changes to legal men, by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the Imen., other than legal corms, including addirions m or deletions fmm
the quaniones originally ordered in the specifications or drawings, by cabal or written change order. If my such
change affects the amount due or the time ofperf car nce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Punitive, may at any, time by written change order, mrminam this agreenenl as ne any or all portions of lye
goods then not shipped, subject to my ryuiable adjustment between the waries as to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and be, eta such adjustment be made in
favor of the Seller with export to my cads which are the Sellers standard stuck. No such morowitirn shall relieve
the Purehmer or the Sella of my oftheir obligmions as to any good delivered beremder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within thirty (30) days from the date the change or rumination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella eurmt that all goods sold samurai shall have been produced, sold, delivered and furnished in stria
compliance with all applicable laws and laminates m which the goods me subject. The Seller shall execute and
ddiva such document as may be, required Io effect or evidence compliance. All laws and regulations ren,wed to be
incorporated in awaseco, of this character are hereby incorporated herein by this reference. The Seller agrees m
indemnify and hold the Purchaser harmless from all costs and damages soloed by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my manies due or to become due hemunda without the
prior written ancient of the other party.
10, TITLE.
The Sella warrant full, clear and unrestricted title to the Purchaser for all equipment, mmenak, and items f ishd
I. porkence a of this agramerd, face and clear of my and all liens, resonances, roc 1ime. security interest
mmmmbranees and claims a f others.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, I. any way, because
such work is perforated or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requird to use any design, device, material or process coveral by letter, patent, trademark
or copyright. the Seller shall indemnify ad save harmless the Purchases flown 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 In pay by reason of such
infringement at any Lime during the prosecution or after the completion of lye work. In case said equipment, or
any Ian mh<rtof or the intended use of the goods, is in such suit held to contribute infringement and the use of
said equipment or pan is enjoined, the Sellershall, at its own expense and at its option, either procure for the
pumhasa the eight to continue using sad ryuipment or pans, w F. the sanm with substantially equal but
noninGnging equipment, or modify it so it becomes noulchanging.
IS. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make . assignment for the bane!, of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this older may forthwith be awarded by the
Pumhasa with rid liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
ransomed under and governed by,he laws of the State of Colorado, USA.
The following Adifioml Conditions apply only in ruses where the Seller is to perform wild, herader,
including the smices of5ellers Represearative(s), on the premises of oticrs.
Il. SELLERS RESPONSIBILITY.
The Seller shall Cary on said work at Sellers own risk until the some is fully completed and acttptd, end shall,
in can of any accident, destruction or injury W the work and/or materials her= Sellers furl completion and
mcepance, complete the work in Sellers own expense and to the satsfsms. of the Purchaser. Wilma saw ruts
road campmem are fished by others for installation or erection by the Sefer, the Sella shall receive, uNoad,
stare oral handle same at the site and become rapamible therefor as though such marmots mNor equipment
were being fumishd by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupmioml
disease bemf,, rev its employees employd on or in ..action with the work wand by this province order,
.a&., in their dependent in accordance with lye laws of the sale in which fie walk is to be done. The Sella
shall also carry, comprehensive general liability including, but not limited W. contimanical art automobile public
liability insurance with bodily injury and death limit, of at lean S300p00 for any one person, S500,000 for my
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
commuters, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do my work upon the premises of others, the Seller most furnish the Purcfa with a cerdfam
mhal such compensation and imumrec have been provided Such sci ifiata shall specify the date when such
compensation and insurance have been provided. Such cerifirson shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until Our the
entire walk is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller heeby assumes the entire responsibility and liability for any dad all damage, loss or injury ofany kind
or mmre whatoever to persuro or property aused 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 Pardoner and any
r all of the Purchasers officers, agents and employees from and against my 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 act, action, neglas, omission or default on the pan of the Seller, any of his
allocation, or my of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought a,I. the Purchaser, cur it officers, agmo or employees at my time on aI.uvt or
by reason of any act, action, neglect, omission or default of the Sella of my of his contractors or any of its or
their mincers, age., or employees as aforesaid, the Sella hereby agrees to assume she dense thereof and m
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
my and all judgments that may hic incurred by or obtained agai at the purchaser or any of its or their officers,
agents or employees in such mi, or ocher proceedings, and in cam judcrsent or other lien be placed upon or
obtained against the properey of the Electrical, or said parties in at as a recall clinch suit or other proceedings,
the Sella will at wme cause the same to be dissolved and dischm d by giving bond or otherwise. The Seller and
his .ntacton shalt cake all mfery pmcautiom, fumish and install all guards necessary for the prevention of
accident, comply with all laws and regulations with regard co safety including, but without limitation, the
Occupational Safety and Halth An, of 1970 and all rules and regulo ions issue p..a., thereto.
Revied 07AN)d