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HomeMy WebLinkAbout267431 NORTHSTAR CONCRETE INC - PURCHASE ORDER - 9122294City of �Ort CollinS Date: 04/23/2012 Vendor: 267431 NORTHSTAR CONCRETE INC 1220 S GARFIELD ST LOVELAND Colorado 80537 PURCHASE ORDER PO Number Page 9122294 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 04/20/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price. 1 2012 CONCRETE MAINT PROJECT 1 LOT LS ,570,842.75 PER TERMS AND CONDITIONS OF BID #6088 PH II -RENEWAL. AND AGREEMENT DATED APRIL 9, 2012 2 2012 CONCRETE MAINT PROJECT 1 LOT LS 100,000.00 Total $670,842.75 9-0-� 2. oA6-¢ems 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 Invoice Address: 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 Fen Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAI VER. 98-04502. Federal Excise Tax Exemption Cenifi"te of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of.the terms and conditions hocof—failum or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Rcviscd Stannes 1973, Chapter 39-26. 114 (a). exercise any rights ar rcmcdics provided herein or by law, failure to prempdv notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval ofthe deign, shall not release the Seller Of Greeds Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order nod shall not be deemed 0 waiver of any right of the damage in transit, may be returned to you for credit and an not to be replaced except upon receipt of written purchaser to insist upon strict performance haeofm any ofi6 rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral mMification at rescission of this purchase order by the Purchaser operate as a waiver crony ofthe terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services m equipment in response to 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 recognize that in actual economic predict, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proccdurcs. violations arc in fact boon by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase coder, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fart Collins, 700 Wood St., Fen Collins, CO 80522. unless acquired under federal or state amitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pcnmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Purstam 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 Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a dote to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made fmm greater distance may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all Permits. Seller shall procure at sellers sole cost all necessary permits, certificate and licenses required by all applicable laws, regulations, ordinances and miss 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. Scllcr further agrees to hold the City of Fen Collins hamiless from and against all liability and loss incurred by them by reason of an asserted or establishedviolation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide 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 or additional temu and conditions annexed hereto or incorporated herein by reference. Any additional or different tells and conditions proposed by sailer are objected to and hachy rcjctled. 2. DELIVERY. PLEASE ADVISE PURCHASING. AGENT immediately if you cannot make complete shipment to waive an your promised delivery data as noted. Time is of the durance. 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 of partial late dclivcnes, shall operate as a waiver ofthis 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 Seller liable for damages. However, 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 ofnegligence. such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, 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 feat 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 reason ofthe delay. 3. WARRANTY. The Seiler warrants that all goods, articles, materials and work covered by this order will confo rn with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any less, damage or expense which the Purchaser may suffer Or incur on account of the Sellers branch of warranty. The Seller shall replace, repair or make read, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective wed: done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver array claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hacunder shall extend to all damages proximately caused by the branch of env of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofils or loan ofusc. 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Ideas. other than legal terms, including additions to or deletions fmm 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 ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaod may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subjd r to any equitable adjustment betavicen 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 eorucqucntlal damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment mush be asserted within thin (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold heeunder shall have been produced, sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby mmrporztc l herein by this reference. The Seller agrees 10 indemnify and held the Purchasc hamdcss from all costs and damages suffered by the Purchaser as a result afire Scllers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. costs associated with 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 ofsuch 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 of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way. Indust, 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 harmless the Purchaser from any and all claims Jim 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 after the completion of the work. In case said equipment or any pan 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 pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shell become insolvent Or bankrupt, 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 Purchasc, without liability. 16. GOVERNING LAW. The definitions armors used or the interpretation ofthe agreement and the rights ofall panic hereunder shall be construct] under and governed by the lances of the State of Colorado, USA'. - The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Srllcrs Rcpresentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in east of any accident, destruction or injury to the work and/or materials before Scllers foal completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are homishcd by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller Shall, at his own expense, provide for the payment of workem 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 carry comprehensive general liability including. but nor limited to, contractual and automobile public liability insumenc with bodily injury and death limits of at least $300.000 for any one person. S500.000 fur any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before env or the Scllers or his contractors employees shall do any work upon the premises of Others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such can ificams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until and the entire work is completed and attained. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss ar injury of any kind or nature whatsoever to persons or property caused by or reaching from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct tar indirect, and whether to pcutrts or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Scllcr, any of his contractors. or any of the Scllcts or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents at employees at any time on account or by reason of any act, action, neglect, omission at default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Sella hereby ngrces to assume the defense thereof and to defend the same at the Sellers 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 of the Purchaser, at said parties in or as a result of such suits or other proceedings, the Seller will at once "use 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 I(L TITLE. Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thctctn. The Seiler warrants full. dear and transcended fide to the Purchaser fur all equipment, materials, and items furnished in performance of this agreement, foe and clear of any and all lines, restrictions. reservations, security interest Revised 03/2010 encumbrances and claims urethan.