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HomeMy WebLinkAbout267431 NORTHSTAR CONCRETE INC - PURCHASE ORDER - 9123461City of �.F.�ort Collins Date: 06/13/2012 Vendor: 267431 NORTHSTAR CONCRETE INC 1220 S GARFIELD ST LOVELAND Colorado 80537 PURCHASE ORDER PO Number Page 9123461 7of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 06/13/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 OTHER PROF & TECH SERVICES PROSPECT/CEDERWOOD PROJ 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 1 LOT LS Total Invoice Address: 15,562.82 $15,562.82 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcmis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 9849502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1073. Chapter 39-26, 114 (a), exercise any rights or remedies provided heein or by law, failure to promptly notify the Seller in the event of a broach, the acceptance of or payment for goods hereunder or approval orals design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to area specifications, either when shipped or due to defects of any of the wwmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rammed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict per(nmanec hcreofor any of its rights or remedies as to any .such goods, regardless instntetiii from the City of Fort Collins. of when shipped. received or accepted ass to any prior or subsequent default hereunder, nor shall any purported oral modification ar rescission of this purchase order by the Purchaser operate as a waiver crusty of the toms Inspection. GOODS arc 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. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fart 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 depemdem upon completion ofall applicable requited 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 hereafter Freight Terms Shipments must be F.O.B., City of Fan Collins. 700 Wood Sr. Fort Collins, CO 50522, unless acquired coder federal m- state antitrust laws for such overcharges relating to the pmuculor goods or services othewise specified on this order. If pestrission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pormant to this purchase order. bill must accompany invoice. Additional charges for packing will act be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to cancer nonconforming or defective goods by a date 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 arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such wark. Permits. Seller shall Tonsure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations. ordinances and macs of the state, municipality, territory or political subdivision where the nark is performed. or required by any other duty constituted public authority having jurisdiction aver the work of vendor. Seller further agrees m hold the City of Fen Collins harmless firms and against all liability and loss incurred by them by reason of an as cried or established violation of any such laws, regulations, ordinances, rules and requirement,. Anihorimition. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or ndi itionnl terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions proposed by sellaince 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 atached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate n a waiver ofthis provision. In the event ofnny 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 Sella 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 Cult of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epi dams, wars or riots pmvided 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 I, no, ledge thereof. In the event of any .such delay, the date of delivery xh all be extended for the period 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 description given, will be fit for the prmoses intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamlcs from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defttrs or faults arising within one (1) year or within such longer period of time as may be pmscribed by law or by the terns crony applicable wxmoty provided by the Seller after the date of acceptance of the goods furnished heramder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofnny claim under this %r mm y. 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 warn sides or guarantees, but such liability .shall in no event include loss of profit ar dos, cruse. 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 writers change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or draw ings, by verhil or written change order. If any such change affects the amount disc or the time ofpMfnmlance hereunder, an equitable adjustment Shall be made. 6. TERMINATIONS. The Purchaser may at any time by writers change order, tcminate this agreement as to any or all portions of the gels then not shipped, subject in any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not he 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 M mode in favor of the Seller with respect to any goods which arc the Sellars standard stock. No such Lamination shall relieve the Purchaser or the Seller of any ref their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be iscned within thirty (30) days from the date the change or lamination is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all SoncL sold hereunder 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 mpilations required to be incorporated in agreements of this character arc hereby incorporated hacin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mimics due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Purchaser far 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 crushers. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting men 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, oRcers and employees of such party. The Seller's commelonl obligations, including warranty, shill not be deemed to be reduced, in any way, bmnnse such work is perforated or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required in use any design, device, material or process covered by Icti patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device. material or ponces 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 of such infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or any pan thereof or the intended um 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 axing said equipment or pans. replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmph make an assigmment 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 oftco s used a the interpretation of the agreement and the rights ofall panics loacander shall be construed under and governed by the laws ofthe Statc of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Represcatativas), on the premises ofnthers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scller's own nsk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sella's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or crcmina by the Seller, the Seller shall receive, unload. store and handle same at the site and become res,mroible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. 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 cm crcd 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 not limited to, contractual and automobile public liability insurance with h-bly injury and death limits of at leau S300,000 for anyone person. SSo0.000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises crushers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvided. Such ccnificatcs shall specify the date when such compensation and insurance have been provided. Such eertificaes shall specify the date when such compensation and insurance expires. The Scllcr 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 Seller hereby assumes the entire responsibility and liability far any and all damage, loss or injury ofnny kind or amurc whatsucvcr to persons or property causal by or resulting form the execution of the work pmvided 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 omcers, agents and employees fmm and against any 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 net, action. acgleeq omission or default on the purl of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at nay 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 income the defense thereof and to defend the come at the Sellers own expense, to pay any and all costs, charges. attorneys fees and ether expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oBiccrs. 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 panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the some to be dissolved and discharged by giving band or otherwise. The Seller and his comments shall take all safety precautions. furnish and install all genrds necessary for the prevention of accidents, comply with all Ima:s and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all macs and regulations issued pursuant thereto. Revised 03/2010