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HomeMy WebLinkAbout267431 NORTHSTAR CONCRETE INC - PURCHASE ORDER - 9112349City of Frt Collins Date: 12/27/2011 Vendor: 267431 NORTHSTAR CONCRETE INC 1220 S GARFIELD ST LOVELAND Colorado 80537 PURCHASE ORDER Ship To: PO Number Page 9112349 1of2 This number must appear on all invoices, packing slips and labels. CI OF FORT COLLINS 25 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 04/26/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 PO accicently closed 1 LOT EA 21,966.36 As we discussed, here are thjf PO' s and the amounts I need restored due to my cancelling. Debbie D 6 PO accicently closed 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.corn 1 LOT EA Total Invoice Address: 16,251.34 7.70 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tnx Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications. either when shipped or due to defects of damage in mnsit may be returned to you for credit and am not to be replaced except upon receipt of written instrvetiens front the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. IL NONWAIVER. Failure ofthe Purchaser to insist open strict performance of the tams and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by lase, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder m approval ofthe design, shall not release the Scllcr of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfomancc hereof or any of its rights or remediesas many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported cost modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the isms hereof. Final Acceptance. Receipt of the merchandise, scrvica or equipment in response to this ntdcr can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pace 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 ofnll applicable required inspection procalurcs. violations are in fact burns, by the Purchaser. Theretofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Pumhascr any and all claims it may now have or haenfia Freight Tells. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St., Fort Collins CO 80522. unless acquired under federal or state antitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments am made Tom greater distance. Permits. Sella shall procure nl sellers sole cost all nccamry permits. certificate end licenses required by all applicable laws. reg lations, ordinances and ales of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdem tam and against all liability and loss incurred by them by reason of an alerted or established violation of any such laws, regulations, ordinances, ales and requirements. Authorization. All patties to this contract agree that the reprownratives arc, in fact, bona fide and posses full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tells and conditions stated herein set forth and any supplementary or additional lcaw and conditions annexed hacto or incorporated herein by reference. Any additional or different tells and conditions pmpoud 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 ofpaninl 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 remcdics the option ofplacing this order elsewhere and holding the Seller liable for damages Hmecveq the Seller shall not 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, governmental priorities, fires, strikes, Ilaod, epidemics. wars or Hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seiler first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the penod equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hornless fmm any loss, damage or expcmc which the Purchaser may suffer or incur on account of the Scllers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such larger period of time as may he pmsenbcd by law or by the tams of any applicable wamnty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller Acceptance or use of good 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 wamntics 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 lams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the kerns, other Chan legal toms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change under. If any such change affMs the ammmt due or the time of pedomanee hereunder, an equitable adjmment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, teminatc this agreement as to any or all portions of the funds 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 of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goods which arc the Scllers standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goetds sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lases and regulations required Co be incorporated in agreements of this character arc herchy incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless farm all cots and damages suffered by the Purchascr as a result of the Sellars failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Sella warm, nts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffl a Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Scllc, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mcaas available to it and the Seller shall pay all costs associated with such work. The Seller .shall release the Purchascr and its contractors of any tier from all liability and claims of any nature resulting from the perf rmance ofsuch work. This mlcmc shall apply even in the event of fault of negligence of the parry released and .shall extend to the directors, ofree. and employees ofsuch party. The Sellers contractual obligations, including wamnty, shall not be deemed to he reduced, in any way, 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 pmccss covered by letter. patent, trademark or copyright, the Seller shall indemnify and save harmless 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 Por um cost, expense or damnge which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended asc of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either pmeure for the Purchaser the right to continue using said equipment or pairs, replace the mate with substantially equal but noninfringing equipment, or modify it so it becomes norninfringing. 15. INSOL V ENCY. If the Seller shall become insolvent or hankapl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofnll panics hereunder shall be constrood under and governed by the Imes ofthe State of Colnmdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hercundcr. including the senders of Scllers Representativc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid mark at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction a injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllers own expense and to the satisfaction of the Pumhawr. When materials and equipment are fitmished by others for installation or accion by the Seiler. the Seiler shall receive, unload. store and handle same m the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers 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 lows 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 antomohile public liability insurance with bodily injury and death limits of at least S300.000 for any one person. S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his conmaars, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Scller shall furnish the Purchaser with a cenifars, that such compensation and insmmnce have been pmvidcd. Such catificam shall specify the date when such compensation and insurance have been provided. Such ecnificxtes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby resnnws the entire responsibility and liability for any and all damage, Inns or injury of any kind or nature whatsoever to persons or property caused by or resulting Tom the execution ofthe work provided foe in this purchase order or in connection herewith. The Seiler will indemnify and hold hamless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all chums, losses. damages. charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchascr may be put or subject by reason of any act, action, neglect, omission or default on the pan ofthe Seller, any of his contractors, or any of the Sellers or contractors o@cars, agents or employees In case any suit or other pmccedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their officers. agents or employees as aforesaid. the Scllcr 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 pmccedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser. err said parties in or as a result of such snits or other pmccedings. the Sella 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, furnish and install all guards necessary for The prevention 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 odes and regulations issued pursuant thereto. Revised 032010