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HomeMy WebLinkAbout267431 NORTHSTAR CONCRETE INC - PURCHASE ORDER - 9112349 (2)City of �„.�rt Collins Date: 04/27/2011 Vendor: 267431 NORTHSTAR CONCRETE INC 1220 S GARFIELD ST LOVELAND Colorado 80537 PURCHASE ORDER PO Number Page 9112349 1of.2 Thiyumbermust,apl) ar on all invoices, packing slips and labels Ship To: STREETS DEPARTMENT CITY.OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 04/26/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2011 CONCRETE MAINT PROJECT 1 LOT LS 663,937.50 PER TERMS AND CONDITIONS OF BID #6088 AND AGREEMENT DATED APRIL 8, 2011 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: .50 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. - — - Tax exemptions. By sti mm the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is rcgistacd with the Collector of Failure ofthe Purchaser to insist upon strict performance of the terns and conditions hereof failure or dclav to Intemal Revenue" Denver, Colorado (Ref. Colorado Revisal Statutes 1973, Chapter 39-26. 1 I4 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design: shall not releme the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of env right of the damage in transit, may. be rammed to you for credit and arc not to be replaced except upon receipt of weinen Purchaser to insist upon strict performance herenfor any ofits rights or remedies as to env such goods, regardless instructions from the City of Fart Collins. of when shipped, received or accepted, as to any prior or subsequent default haeunda, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services Or equipment in response to this order can result in 12. A SSI GNMENT OF ANTITRUST CLAIMS, authorized payment an the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good 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 hcrmfter Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission isgiven to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. - bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the neater distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafier indicates its inability or unwillingness to comply, the Purchaser Shipments arc made form greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller Shall pay all Permits. Seller shall procure at sellers sole coal all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules eq and tuire semis. Authorization. All patties to this contract agree that the representatives are, in fad, bona File and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary tar additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofps nil late deliveries, shall operate as a waiver ofthis provision. In the event ofany dclav, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order efsewhcc and holding the Seller liable for damages. However, the Seller shall no be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, goon priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by coon of the delay. 3. WARRANTY. The Seller warrants that all goods, articles.covered . materials and work by this order will conform with applicable drawings, specifications. 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 similar nature. The Sella agrees to hold the puha rcser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaer, any defeds ar or faults arising within one (I) yeor within such longer period of time as may be prescribed by law or by the tares; of any applicable warranty provided by the Seiler after the date of acceptance of the goods fumisbed hereunder (acceptance not to be umeasonably delayed), resulting from imperfcct or defective work done or materials fumishcd by the Seller. Acceptance or use 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 Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warantia or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in es favor of the Sella with rpca to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to anyigoods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. I Any claim fm adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have barn produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such dcuminoents may be required to effect or evidencecompliance. All laws and regulations required tobe incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to m indenify and hold the Purchases harmless from all costs and damages suffered by the Purchaser as as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. 1 Neither party shall assign, transfer, at convey this order, or any monies due or to become due hereunder without the poor written consent of the other party. 10. TITLE. The Sella warrants full, clear and uruatricted title to the Purchaser for all equipment, materials, and items Furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims afothers. costs msoctated wnh such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be dmmed to be reduced, in any may. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hanalms the Purchaser from 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 to pay by reason ofsuch infringement at any time during the prosecution or efier the completion of the work. In case said equipment or any part thereof or the intended use of the, goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall" at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it an it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint n receiver or music. for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions oftco s used or the interpretation ofthc agreement and the rights ofell parties herennda shall be construed under and govemed by the laws ofthc State of Colomdo, USA. The fallowing Additional Conditions apply only in cases wham the Seller is to perform work hereunder. including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case ofany accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Sella. the Seller shall receive, unload, store and handle same at the site and become respomihle therefor as though such materials and/or equipment were being fuuishcd by the Seller under the order. 18. INSURANCE The Seiler shall, at his own expense, provide for the payment ofworkers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also any comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S306.000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise sequin, his contractors, if any, to provide for such compensotion and iasurancc. Before any of the Scllers or his contractors employees shall do any work upon the premiss afothers, the Sella shall famish the Purchaser with a cenificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and eI1 damage, loss or injury ofany kind or crime whomever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchase and any ar all of the Purchasers officers, agents and employes form and against any and all claims, lass, damages, charges or expenses, whether direct of indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any Be[, action, neglect, omission or default on the pan of the Sclltt, any of his contractors, or any of the Sellers or contractors officers, agents or employes. In case any suit or other proceedings shall be brought against the Pardoner. or its officers, agents or employes at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllers 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 ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otbenvise. The Seller and his contractors shall take all safety precautions, famish and install all guards accessary for the pcvcntian of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all oils and regulations issued pursuam thereto. Revised 03/2010 -