HomeMy WebLinkAbout267431 NORTHSTAR CONCRETE INC - PURCHASE ORDER - 9142208 (2)Fort Collins
Date: 08/27/2014
Vendor: 267431
NORTHSTAR CONCRETE INC
1220 S GARFIELD ST
LOVELAND CO 80537
PO Number Page
9142208 1 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 04/18/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 Change Order 1
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
1 LOT EA
99,944.08
Total g
Pay terms net 30 days
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 exemptions. By statute the City of Fort Collins is exempt from state and local axm. Our Exemption Number is
11. NONWAIVER.
YS-6t502, Federal Excise Tax Exemption Cmifwme of Registry 84iAW58) is registered with me Collector of
Failure of the Pumhzcer to insist upon stria performance of the moms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stadiums 1973, Chapte 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seiler in the wens of a
breach, the acceptance ofor payment for goods hereunder or approval ofine design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure a meet speci fcatio o, either when shipped or due to defecrs of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any fight of the
damage in transit, may be formed to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon moral Performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of ohm shipped, received W accepted, as m any prior or scbaquent default hereuMer, nor shall any purported
oral modification or rescission of this purchase order by the Pmchaur operate as a waiver of my of the mnns
Inspection. GOODS are subject to the City of Fort Collins imitation on arrival,
hereof.
Fired Acceptance. Receipt of the merchandise, services or equipment in toilsome to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorved payment on the part of the City of Fort Collins. [however, it is to he understoad Char FINAL
Seller and the Purchaser recognize Oat in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable occurred inspecluse precedmes.
violations we in Cut home by the Purchases. Theretomm, fogood rouse and m consideration for executing this
purchase order the Seller hereby suggest ro the Purchaser any and all claims it may now have Or hereafter
Freight Teats. Shipments must be F.O D., City of Ton Collins, Tllo Woad St., Fort Collins, CO 80522. unless
acquired under federal in sate antitrust laws for such overcharges relying to the particular good Or services
otherwise specified on this order If permission is given to prepay freight and charge sepzmtely, the original freight
purehmed or acquired by the Purchases pursuant to this peohme order.
bill most recommits asset-. Additional charges for packing will not be accepted
Sfpment Distance. Whew manufacturers have distributing points in vario , pairs of the country, shipment is
expected from fire nearest distribution point to destination, and excess freight will be deducted from border, when
shipments are made (mat greater distance.
Permita. Selig shall procure at sellers sale cost all necessary permits, certificates and ]its. required by all
applicable laws, regulations, ordinances and mles of the stale, municipality, Languor or political subdivision where
the work is performed. or mNired by any other duly constituted public authority having jurisdiction over the work
of sc omr. Seller further agrees to hold the City of Fart Collins board. from and against all liability and loss
incurred by them by action of an asserted W established violmicn of any such laws, regulations, mlingsnem, roles
and reryimnents.
Aulhomenion. All parties to this contract agree that the reprcam mixes are, in fact, Fos fide and passers full and
co ndee sam my to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the menu and conditions stared
herein so for and any supplementary or addifimml terms and conditions annexed harem or incorporated herein by
reference. Any additional or different ifens and conditions pmpoud by seller art objected ro and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive not your
promised delivery data as holed. Time ¢ ofthe eumce. Delivery and performaae muss he clamed within the time
stared on me purchase order and the documents amched hem.. No oats of the Purchasers including, with.
limitation, acceptance ofpamal late deliveries, shall operate as a waiver ofthis provision. In the event fany delay,
the Purchaser shall have, in addition to other legal and equitable remedies. the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a molt of delays
due to caries not reammably foreseeable which are beyond its reasonable central and without its fault of fidigence,
such acts of God, no Ofcivii or military authorities, govemmenml priurities. films, strikes, food, epidemics, wars or
riots provided that notice of the conditions causing such delay is given b the Purchaser within five (5) days of the
time when me Seiler first received knowledge thereof In the went of any such delay, the date of delivery shall be
extended for the period yual to the time actually lost by reason of the delay.
8. WARRANTY.
The Seller contacts that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples motor ether duviptiotts 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 wire. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sufferer incur on account of me Sellers breach of o ommity. The Seller shall mielace. repair ar make
good, without cost to the purchaser, any defects or faults arising within on: (I) year or within such longer period of
time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of
acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Accepmncc or use of goads by the Purchaser shall not
onstitute a waiver ofany claim under this warranty. Except as Mhetwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of Le film or less 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 women change order.
5. Cl IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, 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 ofee, The amount due W the time Mperformance hereunder, an equitable adjustment sholl be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, wrminnte this agreement m ,, any or all [erica of the
goods then not shipped, subject to any equitable adjustment between the panics as many work or materials then in
progress provided mat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion ofthe good andtor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which art the Sellers standard stock. No such retmination shall relieve
We Purchaser or the Seller Many oftheir obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
covered.
8. COMPLIANCE WITH LAW.
The Seller warrants mat all goods sold hereunder shall have been produced, sold, delivered and fmished in mint
mmplunce with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be meniml to effect Or evidence compliance. All laws and regulations acquired to be
uninformed is agreements of this character are hereby incorporated herein by this refrram e. 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, mamfer, Or convey this order, or any monies due or to become due hereunder without the
Join, wnnm cement ofthe omen pant.
10. TITLE.
The Seller warmns full, clear and umesnicted of], to the Parchasrr, for ell aryipmenl, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
forrmbrencrs and claims fomen,
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchases directs the Seiler in correct nonconfomting or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work m be performed by the mnsl expeditions means.,[able to it, end me Seller shall pay all
cats associated with such work.
The Seiler shall release the Purchase and its contractors of any tier flan all liability and claims of any nature
resulting from care performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees ofsuch parry.
The Sellers contractual obligations, including warmary, shall not be deemed to IM reduced, in any way, because
such work is performed Or conical to be performed by the Puschear,
14. PATENTS.
Whenever the Seller is retained to me any design, desire, material or process covered by imin, patent trademark
an copyright, the Seller shall indemnify and save harmless the Purchaser fat any and all claims for infringement
by mouggs of the use of such Pointed design, device, material or process in comecfion with fir contract, and
shall indemnify the Purchase, far any cost. expense or damage which it may M obliged to pay by reason March
infringement at any time during the Lamination or after the completion of the work. In ease said equipme r, or
any pan thereof or de, intended sae of the good, is to such suit held to comtirom infringement and the use of
said equipmer r or pan is enjoined, the Seller shall, at its own expense and at its option, either prouure for the
Purekiser the right to continue using said equipment or parrs, replace the more with substantially equal but
noninfringing equipmmL or modify it sad it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bodmpl, make on arsiGunent fir the bereft of creditors, appoint a
or trustee for any of fir Sellers property W business, Nis order may burned, M mottled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms of or the intrrpretation ofthe agreement and We rights of all ponies hereunder shill be
command nmler and govemxi by the lawx ofthe Some ofColomdo, USA.
The following Additional Conditions apply only in crears where the Seller is to Imprint work hereunder.
including the services ofSellm Represenrative(s), m the premems efofm.
17. SELLERS RESPONSIBILITY.
The Seller am[) carry on said work at Seller's own risk until me cone is fully completed and accepted, and shall,
in w of coy accident, destruction or injury to the work andlor mamnats before Sell is final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and trityro at oe furnished by others for installation or erection by the Seller, me Seller shall receive, unload,
store and kindle same at the site and become responsible therefor as though such materials mNor ryuipmmt
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occulu icaml
disease benefs, to its employees employed on or in connection with the work covered by this pumhose order,
andror 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 m, conmamal and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, $300,000 for any
one accident and progeny damage limit par accident of $400,000. The Seller shall likewise require his
commanors, if any, to provide for such compensation and insurance. Debate any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall Much me Purchaser with a cenificam
that such o mpeneation 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 insumnce shall be maintained unlit after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby sumnes d,e entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewif. The Seller will indemnify and hold harmless the Purchssa and any
r all of the Purchasers olRcem, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct Or indirect, and whether to mesons or Property to which the Purchaser may
be put Or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of me Sellers or comments officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or
by rcsmn of any act, action, neglect, omission or default of the Seller of any of his contractors Or any of is Or
their oMae.. agents or employees m aforesaid, fie Seller hereby agrees to assume me defame thereof and I.
defend the more at the Sellers own expense, m pay any and all casts, charges, amumeys fees and other expenses,
any and all judgments that may be incurred by or chafed against the porringer or any of its Or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other tins M placed upon or
obtained against the property, ofthe Purchaser, or said parties in or or a result of such sums or other proceedings,
Life Seller will at once cause the range to M dissolved and dimbarged by giving bond or otherwise. The Seller and
his conmting shall take all salary prtautiom, famish aM install all guards naesmry for We prevention of
accidents, comply with all laws and regulations wins regid or safety including, but without li==m, We
Occupational Safety and Health Act of 1970 and all roles and regulations issued personal thereto.
Raised 072o14