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Home My WebLink About539869 VOGEL CONCRETE INC - PURCHASE ORDER - 9143907 (2)Fort Collins Date: 11/12/2014 Vendor: 539869 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9143907 1012 This number must appear on all Invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 07/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 2014 SMP CONCRETE CONTRACT 1 LOT EA 230,000.00 Change Order 1 4 2014 SMP CONCRETE CONTRACT 1 LOT EA Change Order 1 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 100,000.00 Total $330,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 IiZ1iAr��Vtf�i � sCa"Fn �F.Tif[KTF.ifiCa7i� Page 2 of 2 1. COMMERCIAL DETAILS. Tax enm. By the City Of Fon Callim u adept form sate and lures m Number 11. NONWANER ie m . Federal 9 Feder Tin Eamptim f ono rtgiserd with fie Collator, of of Registry regiment na hereof, or delay m Fdm of the Pmhaoer ha imisp upon dia hero rmma,filu krem ad cly timad eava. s 1973, ha to Ivmmw Rcrcnae, Dmvd, Calapdo (Rat Colmda Revised Smmtes 19]3, Chapter 39-26, 114 (e). olondo a r iilum nntity the Sava in the of a provided or by law, failure notify execel call or pmthe t o a breach the accepts- ,freepayment fengoodsberte do Sell or pa odds a daior shwarise[eelfaufie Severof Goods GOODS REJECTED due m it meet sn a due to of eifea when ept milemappmval eTrue ode of this pmhm order and shall not be domed a waiver of my, right of the any of the wanvtup ijatcd or ere f wri m you for odor and m der m be replaced except upon nccipt of wnnm damage in taott may be not to a upo s hi insist upon strict n airtP of its rights or to my such goods, regadled! Fort Co imbucEomfin Ose City of Fen, Collins. of when anaommce to efoult ofwhenshipped, gravedore urmmy prim or sc shwa my puNnrted y par nt Paramour aN modification or mcisaim of ilia purchase under by the Pmchasa operate as e waives of any of the ter s of wan Impaction. GOODS ere subject ha the City afFon Collins impectim on arrived. haenf. Final Accepemtt. Receipt of the mercWvdise, services m equipment in response to this miler was result in 12. ASSIGNMEIYf OF ANIGHRUST CLAIMS. authmiaed payment on, the pent of the City of Fort Collins. However, it u so be udasumd that FINAL Sella and the Purchaser rescromms that in small eommic practice, cr mharga rarthm, from tommust ACCEPTANCE is dependent upon completion of 01 applicable respond inspection proaduas. violanovs ace in fort borne by the Purchases. Therek! , for good cause and as comideinrion for executing this purchase order, the Sella hereby usigm to the Purchaser my end all claims it may now have M hvrsfter Freight Toms. Shipments dead be F.O.B., City of Fort Collins. 700 Woad St, Fort Collin; CO 80522. osm required under fdeN a shale mduust cows for such oewelarges raking in the pmsimlar goods or services ofewise specified on this order. If permission is given in prepay fight and charge aeperandy, the original freight purchased or acquicad by fe Pmbaer Fursusvt w Oan puscbue oNer. bill most mornpeny invoice. Additional charges for packing will an, he weeptd 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. garment Diemen. When manufacturm have distributing pomp m various pats of%e commy, shipment is iftho Pomhascr directs the Sella to trader moconf ing or defative, gods by a date In be agreed upon by the expected from the warat dishillmon point m dendnation, and chess freight will he dductd from Invoice wb- Purchaser and rho Sella, and the Seals thecaeRa Indict. its inability ar unwillingness to comply. the Purchased shipmmh m made fan grata disks. may dux the work to be, Festoond by the prp51 expdifiom means avamble to it, and to Sella skull pay sl ants assaiatd with such week Pamib. Sella shall ppawe at salsa sale art all veces ay permits, certificates and ficenses ripener d by all applicable laws, ingatmons, a limaes and rule of the sloe, municipality, banditry or political subdivision when On work u performed, or raruird by my ma duly command public authority havingjuridictim over the work of vendor. Sella father agrees to bold tau City of Fort Collin hornless from ad against all liability and loss incund by them by darn of an asserted M established violation of my such laws, rtgulaEo=, amount miss Mad requmursonu. Author radon. All parties to Nis cowed agree that to reprtxvutivn art, in Art, bam fide and posaas full and complete authority to bind said parties. LBNTTATION OF TERMS. This Purchase Orda expressly limits ancepmce to rise teens and conditions stain herein set foM and my supplmentary or additional temp and conditions; amexed lento or narapa ad herein by reference. Any additional M different teens end conditions proposed by miler art objected m and hmhy injected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promiae delivery data as note. Time is of the essence. Delivery and pefbmat. and be affected within the fime round on the purchase order and the documents attache knew. No acts of the Pumhasm including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Seller shall Out be liable for damages as a rent of delays due to down not =tunably foreseeable which an beyond its rtnrmble control mad wifoul its fault ofoegligenre, such arm of God, sum ofeivil a military authorities, governmental priorities, fires, tundra, Rood, epidemics, wen or nots providd that notice of the condition coming such delay is given to to Purchmer wihin five (5) days of to fime when the Sella fin, raeivN knowledge fcrtof. In the event of my such delay, fie date of delivery shall be atended for to Period apal to fie Ere actually lost by rem. of the delay. 3. WARRANTY. The Sever wmdM; that all good, articles, materian and works covered by this odor will conform with applicable drawings, specifications, samples andfor other dmiptions given, will be fit for the purposes intended, and perm d with the Wilbert degree of are and wmpama in aw rdance with accepted standards for word of a similar nrtm. The Sella agrees to hold the purchaser hornless for my Inn, domain or expense which the Purchases may suffer or Inc=m mworr, offe Sellers broth of wamenty. The Sella shall replace, repair or make good, without cost m fie purclmer, my defeat or fasts arising within one (1) year or within rich longer period of time asverylast pra ribd by law or by the kmaa of my applicable warranty provided by the Sella afar fie date of eapmae of the goods f ruishd hereunder (accepuva not in be uortawmbly delayed), raral form ®Infect or defective work dare or msleriLLs fiunislyd by the Sella. Acceptance or am of goods by the Parchaur shall not commas a waiver ofany claim under this warmly. Except On otheewisa provided in this purchase ceder, the Segos liability hvemdc adult extend to all damages proximately caused by the brech of any of du foregoing wamvties a guamtea, but mcb liability shall in an event imlude loss ofpmfrs or loss ofusm NO IMPLID WARRANTY OR MIRCHAMABILITY OR OF FIINFSS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchases my walk abo ng. m legs temp by wnnee, change coda 5. CHANGES IN COMMERCIN, TERMS. The Puxhmer nay make my changes is the kmra mho than legal mares, including notion. m a delaiam from the quantities originally ordered in the spaifiu0om a dmwings, by verbal or wntmn change order. If my such change affceb the meant due or to time of performance hereunder, an agwtable adjustment shall be made. 6. TERMBJATIONS. The Purcluveo may at any time by written change order, kmtimk this agreement as to my a all portfors of the goad& then not shipped, subject W my equitable djustrnmt between fie parties. to my work or materials then in Program pmvlded that thn Pmhsur shall not be liable for my claims for anticipate profits m fe mrompletd portion offe goads and/or work, for incidental or co eaFter tial damages, read that no such djusmmt be made in favor offe Sella with gaped to my goods which e a fie Sells. amvdad stork. No such tcmimbon shot[ relieve the Pardoner M the Seiler ofmy ofcerr obligations to m my goods delivered hereunder, T. CLAMS FOR ADNSTMENT. Any claim for dj...t ment be ressencd within ditty (30) days from fe dale fe change or term dim is 8. COWLIANCE WITH LAW. The Seller wam,m fat all goads sold hereunder "I have barn produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which fa goods am subject The Sella shall exacme ad waives such domments m may be ran irad to effect at evidence compliance. All laws and agulatiom raptured to M incorporated in aDmmors of this character we hereby incorporated herein by this reference. The Sella agrees m indemnify and hold the Purchaser hamlm from all costs and dmages suffered by the Purchma as a adult of the Sell. fail. to comply with such hew. 9. ASSIGNMENT. Neifer party shall cosign, matter, or convoy this order, or my monies due or m become due hmmder without the Prior written wument of fe other party. Ia. TITLE. The Sala warrants full, clear and omsnicted title or the Purchases for all equipment, matenels, and items fimisued in pafamance of this agreement, fro and clew of my and all fime, rmrictim, reservations, saudy interest mcumbpmces and claim ofathere. The Sella shall teleme fie Purchases and its cmhmaan of my tier from all liability and clams of any move resulting from the mover ofsuch work. This release dust apply even in the event of fault of negligence of the pasty telemd and shell extead at the did mn,,M. and employees of such party. The Sellers covtrectual obligadom, including wenenty, shall not be demand to be reduced, to my way, because such work is Fathomed or mused m be, performed by the Forehead. Id. PATENTS. Whenever rue Sella is required to coo any design, device, ruled.) or process covered by [and, patent, trademark a copyright, the Seller shall indemnify and nave henna. the Purchaser Tom my and all claims for infmpura nt by morn of the sex of ouch patented design, device, normal or process in caromed. with the astart, and shall indemnify the Pmhmer for any cost, salmon or damage which it may be obliged to pay by reason of such inlHooemad at any time during the prmewtion or after the completion of the work. In case said equipment, or any pan thereof or rue intended use of the goods, is in such suit held to crosstirute wfringement and the we of said a nipmmt or pad is enjoined, tam Seller eb.11, at its awn expense and at its option, either prowre for the Purchaser fc right to continue using said equipment or power, replace the same with substantially equal but noninfringing aquipmeat, or modify it sec it becomes noninfringing. 15. INSOLVENCY. H the Seller shall become insolvent or bankrupt, make an rasigmmnt for fie benefit of credimrs, appoint a tweiver M trustee fen my of fie Sell. property or budear, this ender may fordwith be cameled by the Pardoner without liability. 16. GOVERNING LAW. The dalmitioas ofmmu used or the intapremen of the sgrecr and and the rights ofoal Farm uneuvda shall be comhud varier end governed by rho laws oththe Sure ofColoerdo, USA. The following Additional Condition apply only in meas where to Sella is m perfom work hmmdes, including the services ofSellm Reprmevtsive(s), on the prmisa ofothcn 17. SFd.LERS RESPONSIBILITY. The Sella shall carry an said work at Sellers own risk avail the same is illy completed and accepted, and shall, in arse of any accidevt, datmctim a injury m the work and/or mscriws before Sellers fireal completion and maptmra, complete fie work at Sellers own expme end to the satisfaction of the PumWsd. Whey materials evil agpipmew m fivaished by mhos for imullatio s or vedion by to Sella, the Seller sUl receive, delve. share ad handle same at the its end beams retpomible therefor as though such materiels edrm ampmem wen bring (wished by tic Sella ander the order. I l/RANCE. Theo Sella shell, at his owes employees employed loye do for fax payment of work. amnpens vial buildingpar vince ooml disease benefits, m its reds,in mPlo wi m or in comedm with the soh wain i by this Pmhau order, mdaor so ther comprmu ti egendance with the Iowa of the sale m which fie work id „be dam. The Sella shall also awry wmprehasive general liability including. bent $ Iindtd for wmac,ual and au500,00le public liability, Eden and with bodily orrery and duo Limitsen a lent SJe0,. fen any on, pall lik SSoe,00a for any one incident and pmPeely domage limit per accident m need. Be The Seller shill likewise cerryire ILLS employees, Jmy, m y amide for t then compensation m ins ScHor Before my of the rchus or his avtrayem cot such shall do my work upon fie haven a of others, the ucha adalldds addiction shall the pmfy th wif a herifi such um theme eon and in ur rid insuranceban have been provided. Such adiGata shell specify the duce when such and end ies. no have beenprovided. Such pertificatesshall specify thedam when such umpenxtion and inwmna expires. The gala agrees that such compensation and iuswma shall h maintained anEl after the rntho work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby aroma fe entire responsibility aw liability for any and all damage, loss or injury ofany kind or more whatsoever m pen,= or property, caused by at resulting from the uecutim of the work provided for m this punctuate noted or in connection herewif. The Sella will indemnify and bold harmless to Puml seer seed my or all offe Purchase oMr., egc m and employees from and against my and ell claims, loss., damages, charger or expenses, wM1eflaw direct or indirect, and wbefer to prom or property m which the Purchaser may be put or subject by wan of any ant, action, neglect, omission or defult on the pan of fie Selleq my of his coutmae, or my of the Shce or command officers, agents or employees. In case my suit or other proaedingm shall be brought against the Purchaser, M its offices, am., employes at any time m...t of by reosov of ray act, aria., .ghat, amissim or default offe Seller of my of his wor... or any of its ae Nab oMr., agents a mployees as aforesaid, the Sella hereby agree to assume the defevss farmf and to defend the come at the Sellers own turpitude. to pay any and.11 costs, dmget, mome n fix. and afar expenses, my rand ill judgments that may be incumd by or obtained against the Purchesa or my of its or fah officer, agents a employees in such suits a other proceedings, and in core judgment or other lien be, place upon or obta'vud against the property of the Producer, or said parties in or as a raule of such suits or other proceedings, the Seller will at ono cause the rime to be diarlved end discharged by giving bond or afervriae. The Sella and hex contractors shall me all safely precautiona, furnish and install sl guards naessary, fen the prevention of eaidmb, comply with all laws and regulano s with regard to safety including, but without banisters, the Ownumeml Safety and H.Irh Actof IWO and ell mW and ragumaiom bound purstmm thereto. Revised MOM