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HomeMy WebLinkAbout267431 NORTHSTAR CONCRETE INC - PURCHASE ORDER - 9142208PO PURCHASE ORDER 914220er Page City. of PURCHASE 9142208 1 of z ' `t Collins This number must appear on all invoices, packing sli s and labels. Date: 04118/2014 Vendor: 267431 Ship To: STREETS DEPARTMENT NORTHSTAR CONCRETE INC CITY OF FORT COLLINS 1220 S GARFIELD ST 625 NINTH STREET LOVELAND CO 80537 FORT COLLINS CO 80524 Delivery Date: 04/18/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 SMP, Concrete Contract 1 LOT LS 274,838.19 Per terms and conditions of bid 7509 and agreement dated March 18, 2014 2 2014SMP,Concrete Contract 1 LOT LS 1,124,013.41 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@fogov.com Total $1,398,851.60 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 1. COMMERCIAL DETAILS. Tax aremptions. By stature the City of Fort Collins is emmp from stale and land rain. Cur Exemption Number is 11. NONWAIVER- 9g1M503. Federal Excise Tax Exemption Certificate of Registry 84-60W5S7 k registered aids be Collector of Failure of dw Purchaser to boost upon strict performance of We temp and mMidom bremof, failure or delay b Inrcmel Reason, Deaver, Colorado (ReE Colorado Revised Stsmres 1973. Chapter 39-26,114 (a), esercise my rights or remedies provided bercm m by lea, fmlare an promptly notify she Seller in be event of a borsch, the acceptance of., payment for gods bereuvder m approval Offer drign, abell at release the Seller of Goods Rejected. GOODS REJECTED due to faihue to man specifimtiore, either what shipped or due to defects of any of the wartsvties or obligations of this purahme order and shall not be deemed a waiver of my right of be damage in bunch, may has remuned to you for credit and are not b h replaced except upon receipt of written pumhaser, b insist upon strict performance hareofor my of its rights or remedies as tomy such goods, regardless instructions from the City of Fort Collins. of who shipped, received or accepted, as to any prior or subsequent default h.unda, nor shall my pmpoded oral modification or rescission of this purchase order by doe purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins impacfion m arival. 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 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 moromle practice, overcharges resulting from ammust ACCEPTANCE m dependant upon completion of all applicable required inspraim procedures. violation are in fact home by the Purchaser. Theretofore, for goad taus and w consideration for examting this purchase *Met, the Seller hereby assigns to the Purchaser my and all claims it may now, have m hereafter Freight Tema. Shipment most be F.O.B., City of Part Collins, 700 Wood St, Fort Collins, CO 80522, to e= acquired under federal a auto antitrust laws for such overcharges relating to the pmimisr goods or services of ramse specified an this order. Upmvission is given to prepay freight end charge aepamtely, be otightest freight purchased or mmirea by be Pembeser ..at to this purchase orda bill most =map., invoice. Additional charges farpackin, will ant be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaamem have distributing paints in amount parts of the country,shipment s Ifbe Purchaser dines the Seller a mrrea nonconforming ordefmtive goods by a date to be agreed upon "a, expected from the nearest distribution point to destination, anti excess freight will M deducted from Invoice when Purchaser and the Seller, and be Seller thereafter indicates its mobility Or mwillwgnev to campy, the Foreclosure shipments an made from greater distance. may cans the work in be porfmmed by be most expcditicas mean available to it, and be Seger shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all worst permits, certificates and licenses required by all applicable lawn, regulations, ordinances and In of the state, municipality, territory, apolitical subdivision where The Sella shall release the Purchaser and its contractors ofmy her from all liability and claims of any names the work is performed, or required by my Other duly cootimred Public mthority, h rvingjunci icdm ova be work creating loom Ne pedmmance ofsuch work. of vendor. Seller further agrees to hold Ore City of Fort Collie harmless from and against all liability and loss incurred by them by reason of i n dreaded or umblished violation Many such laws, reguknions, ordinances, cola This rtlam shall apply even in the event of fault of negligence of be parry released and shall extend to the and requirements directors, ntficers and employees fsuch any. Aumorivtion. 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 teas and conditions stated herein set Shed and any mpplememary or additional menu and conditions amexed hereto or incorporated herein by reference. Any additional or different to= and conditions proposed by seller are objected to and hereby rejected. ].DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you moot make complete shipment k arrive on your promised delivery date as noted. Time is of be esseae. Delivery and performance most be c1I ted within be time staled on the Purchase oajer and be document aMchad hereto. No acts of the Purchasers isolating, wilheat limitation, morptance afpwi.) late deliveries, shall operate as a waist, ofilm provision In red event ofmy delay, be Purchoer shall have, is addition to oba, legal and aquimble remedies, be option ofpbrin, this order elsewhere and holding be Seller liable for damage. However, the Seller shall Out M liable for damages m a result of delays due to causes not reammbly foreseeable which are beyond its reasonable central and without its fault ofnegligence, such at of Cod, seta of civil or military a ith rritia, goveremenml priorities, fires, strikes, flood, epidemics, wars or riots provided that noun of the coudifioo causing such delay is given to be Purchaser within five (5) days of be time when the Sella first received knowledge thereof In be event of my such delay, be data of delivery shall be extrndcd for the period ognal to be time samoruy lost by reason ofine delay. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this order will conform wire applicable drawings, specifications, sumples eodror Omer descriptions given, will be fit for be puryoses intended, and Performed with be highest degree of are and competence in accordance with, accepted standards for work of a similar suture The Sella agrees k hold rha purchaser hemslrss from my loss, damage or expense which the m Posel are, ay niffis a mean m me.. ofine Sadden breech ofwartevty. The Sella shall replace, repau a make good, without .11. the purchaser, my defect or faults using wi0un one (1) your or within such longer period of time m may be prescribed by law or by be terns of my applicable wamvty provided by 0x Seller ofier the deck of mc,mance of be goods furnished b.unda (mceptmce or m be werea»vably delayed), resulting from important or defective wok dove a noweirls fumi Ian[ by she Sella. Acceptance or use of goods by the Posesascr shall Out incomes a waiver ofmy claim under his warty. Except as otherwise provided w this purchase major. the Sell. liability h.uMer shall extend m all damages proximately named by be breach of my of be foregoing warranties or gmmnttti, but such liability shall in an event include loss of profits or loss ofose. NO IMPLIED WARRANTY OR MERCHANTAll OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to Itgal team by written her, order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other man legal terms, including additions to or deletions from be quantim a originally ordered in be specifications or drawings, by verbal or written change orderif any each change effect be amount due or be time ofperformmce hemundet as repairable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate big agreement as to my or all pomions of the goods then not shipped, subject to any acre mble adjustment ber eon the parties as to my wok or materials than in progress provided but be purchsser shot] not be liable for my claims for anticipated profits on be uncompleted portion of the goods crNor wok, for inciderml or consequential damages, and that an such adjustment be made in favor of the Sella wits inspect to my goods which re be Sellers standard stock. No such termination shall relieve the Purchaser or be Seller mory aftheir obligations ran to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be areared within miry (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants but all goads sold hereunder shall have been produced, sold, delivered and f anishal in strict compliance with all applicable laws and regulations to which the goods me subject The Seller shall execute and deliver such documents as maybe required to effect or evidenco compliance. All laws and regulations enquired to be incorporated in agreement of thus character are hereby incraporated herein by this reference. The Seller agree to indemnify and hold be Purchaser ntmeleas from all costs and damages suffered by be Pa ilmor as a reach, of to Sellers failure b comply with inch law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my movies due or k become due hereunder without the prim wriden moons ofbe Ober parry. 10. TITLE. The Seller warrens full, clear and unrestricted title to be Purchaser for all equipment, materials, and items famished in performance of this agreement Bee and clear of my and all liens, ratimcdons, reservations, security human encumbrances tad claims a(othres. The Sellers contractual obligations, including warranry, shall not be deemed in be reduced, in any way, because such work is performed or caused be be performed by the Purchaser. 14, PATENTS. Whenever be Seller t required to use any design, device, material a, process covered by lane, patent trademark or copyright, the Seller shall indmmi fy and save harmless me Purchaser form any and all claims for infringement by reason of be me of such patented design, device, material or pracees in connection wire be summer, and shall indemniy be Purchaser for my.4 as,. or damage which it may he obliged m pay by reason of such infringement at any time during be prosecution or after Mc completion of the work In use said rydpment, or my part thereof or be intended me of the goods, is in ands suit held m com6mre infringement and be use of said equipment at pan is enjoined, me Seller shall, at its owes expose and at its optiom, cisex plan¢ for be Pomhoser dre right to continue using said equipment or part, replam be same with substantially equal but nordwringing equipment, or modify it so it becomes noninfringwg 15. INSOLVENCY. If be Seller shall become insolvent or handcraft, make an and aorta for the benefit of creditors, appoint a receiver or trnsree for my of be Sellers property or busican, this order may foNrwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions ofkmu wed or be interyrelation ofine agreement and be rights ofall parties hereunder shall be combined Order and governed by be Jaws ofine State ofColoredo, USA The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including the service o(Sell. Represeotstive(s), an be premiuz of.mera IT. SELLERS RESPONSIBB.ITY. The Seller shall many an said wok at Seller's own risk caul the same is fully completed and accepted, and shall, us can of my accident, destruction a injury to be ware storm materials before Sellers final completion and acceptance, complete the work at Safes own expense and m be szusfaction of the Purchaser. When materials and cquipmeat art fumbled by omen for installation or erection by the Seller, be Seller shall receive, unload, stare and handle same at me site and become responsible mrrefor m through such materials mall., equipment were being mmished byme Sella ender be oMe,. 18. INSURANCE. The Seller shall, a his own expense, provide for the payment afworken compensation, including occupational course benefits, to its employees employed on or in comection wit the work covered by this purchase order, and/or to their dependents in accordance wire be laws of the state in which the wok is to be done. The Seller shall ma, arty mmprehartwo general liability including, but Out limited to, conmathel and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500 000 for my me accident and property damage limit per accident of $400,03). The Seller shall likewise require his contractors, if any, to provide for such compensation and incomes. Before my of the Sellers or his contractors amploytts shall do my wok upon to prnnisn ofomers, be Sella shall fiunsh be Purchaser, with a cartificate but such compemation and Insurance have been provided Such certificates shall specify be dale when such mmpn nation and insurance have been provided Such comment. shall specify be date when each comprnention and insurance aspires. led Sella agrees but such compensation and insurance shall be maintained until after be entire wok is completed and acceplcd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be entire responsibility end liability for any sort all damage, lore or injury ofmy lewd or more whatsoever to p.ons or property caused by or resulting from the execution ofee work provided for in this purchase order ar in contrarian herewith. The Seller will immunity, and hold harmless be Purchaser and my cr all of din Parches. officers, agents and employees from and against any and all claims, lawn, damages, harges or expenses, whether direct or indirect, and whedser to persmn or property to which be Purchaser may be pm or subject by reason of any ant, action, neglect, omission or default on me part of the Seller, myofhis mtmctors, m any of be Sellers or contractors officers, agents or employees. In case any suit or other ,incomings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of my act action, neglect, omission or default of the Sella of my of his contractors or any of IN or dark officers, egret or employees as aforcmid, the Seller hereby egrece a assume be defense thereof dad to defend be same at be Sell. own expeme, t. pay my and all cost, entities, amomeya ftts and oba spews, my and all jud wens that may be wcumd by or Obtained against be Purchaser or my of its or thew oRc., agars o, employees is such suits or caber proceedings, and in use judgment or Ober dim be placed upon or cabkined agairsst be Property of the Purcbesa, or said patio he or as a result of such suits or Ober proceedings, the Seller sail al once cause the some m be dissolved and discharged by giving bond Or otherwise. The Sella and his; conmactnrs shall here all safety precaurioo, thumb card msmll .11 grads necassory for me prevention of accidents, comply with all laws and regulations will, regard to safety including but without liminaim, sus Occupafimnal Safety and Hcahh Act of 1910 and all cola and regulations issued pursuant derma. Revised 03R010