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HomeMy WebLinkAbout267431 NORTHSTAR CONCRETE INC - PURCHASE ORDER - 9142208 (3)Fort Collins Date: 12/18/2014 Vendor: 267431 NORTHSTAR CONCRETE INC 1220 S GARFIELD ST LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9142208 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 4 Change Order 2 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@fcgov.mm 1 LOT EA Total-$387,525.71 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. COMMERCIALDEI'AILS. Tax exemption. By statute the City of Too Collins is exempt from sure and land rues. Our Exemption Number is 98-0 502. Federal Excise Tax Exemption Conflict. of Registry 84-6000587 is registered with the Collator of Internal Revenue, Denver, Colorado (Ref, Colomdo Revised Statute 1973, Chapter 39-26, 114 fief Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defcs of damage in bush, may be returned to you for credit and are not to be replaced except upon receipt of waimn mstmctions from rife City of Too Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on consul. Final Acceptance. Receipt of the merchandise, services or reprimand in response to this order can result in mthodmd payment on the pan of the City of Fort Collins. However, it is m be malcrsmod that FINAL ACCEPTANCE is dependent upon compleion of all applicable required inspection procedures. Freight Terms. Shipment muse be F.O.B., City of Fort Collins, 700 Woad St., Fan Calif., CO 80522, =mess othetwise specified ma this mdn. If permission is given as prepay freight and charge separately, the orwind bear, bill an =company inv race. Adi itimal thing, for packing will and be scceptM Shipment Distance. Where manufacturers have distributing points in various pans of rha country, shipment is extracted from the on. distribution ppim m destirnim, and excess freight will be deducted form Invoice when shipments are made from gram, distance. Pemols. Seller shall procure al Belle, role cost all necessary permit, certificates and licenses mount by all mThwable laws, regulation, cohn antes -it to, oflbe sate, municipality, tmlory or political subdivision where the work is performed, m required by any other duly constituted public authority havingjurnaliction over the work of vendor. Seller further agrees to hold the City of Fall Collins harmless from and against all liability end loss incurred by them by son arm asserted or established violation of anordinances, y such laws, regulations, rules end rearequirement. Authenticator. All panies to this contract agree that rise representatives are, in fact, bona fide and possess full and complete certainly to bind said ponies. LIMITATION OF TERMS. This Purchase Older expressly limits acceparce m the terms and conditions stood herein set forth and my supplementary or additional tern and conditions stressed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sclla me objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedurely ifyou cannot make complete shipmenr to anise on your promised delivery date as noted. Time is of the essence. Delivery and performance must be entailed within the time stab al on the purchase older and the documents atached Meta No cars of the Purchasers including without limiatii n , acceptance of partial late deliveries, shall operate as a waiver of this provision. In tha event of any delay, the Purchaser shall have, in addition to other legal and egtrouble remedies, the option of placing this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act ofGM, acts of aryl or military autharilies, governmental priorities, fires, strikes, flood, epidemics, wars or rion pmvided that notire of the condition causing such delay is given to the Purchst within five (5) days of the time when the Seller f t received knowledge thereof In the event of my such delay. the date of delivery shall be extended for the period egeaf Io the time=really Imt by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples sulfur other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of care and competence in =condone with accepted standards for work of a similar anon The Seller agrees In hold the purchaser handess form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchase, any defects or faults mixing within one (1) year or within such longer peed of time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods fumlshd hereunder (acceptance not to be umcasombly delayed), mulling from imperfect or defective work done or materials rumored by the Seiler. Acceptance or use of goods by the Purchnser shall rut constitute a waiver of any claim under this warrtnry. Except as Mervin provided in Nis purchax order, the Sellers liability armundes shall extend in all damages proximately ,used by the breach of my of the foregoing communes or guarantors but such liability shall in an event include Ions of profit 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 terms by wrinen change older. 5. CHANGES IN COMMERCIAL TERMS. Tile Porch:uer may make any changes to the terms, other than legal teems, including additions m fir delcrium from the quantities originally ordered in the specifications or drawings, by ventral or written change order. If any such change affect the amount due or the time of performance hereunder, an crumble adjustment shall be made. 6.TERMINATIONS- The Purchaser may at any time by written change older, Immune this agreement as to any or all portions of the grads chart not shipped, sari to any equitble dju9mem between the Pat. as 1. any .,it or m farm], then in progress provided ohm the Purchaser shall not be liable fin any claims for anticipated profits on the uncompleted portion of the goods =Nor work, for incidental err comemential damages, and that can such djusonenl be rude in favor or the Seller with respect an my goods which an the Sellers standard stock. No such termimtion star reline the Purchaser or the Seller of any ftheir obligations n m any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nssmed within thirty (30) days Gom the date the change or termination is ordered. R COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations 1. which the goods are subject. The Sella shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulation required to be incorporated in agreement of this character art hareby incorporated herein by this reform. The Seller agrees fo indemnify and hold the Purchaser hamtless from all cost and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall =sign, bansfor, or convey this older, or any at. due or to become due hareunder without the plan wnnen consent ofthe other party. 10. TITLE. The Seller warrants full, clear and committed title to the Purchaser for all wrapped, marmots, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest oacumbmnc, and claims of.thera. 11. NONWAIVER. Failure write Purchaser to insist upon strict performance of the to. and andirons fiereof, failure or delay m exclain any righni or remedies provided herein or by law, failure to promptly notify the Sella in the event area breach the acceptance ofmpsyment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wammie or obligations of ils purchase older and shall or be loud is waiver of any right of the purchaser to insist upon spin performance hereof or any of its rights or remedies as to any such goods, rcgadless of abut shipped, received or accepted, , to any poor or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase oNer by the Purchaser operate as a waiver orally of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Fulminator recognize that in actual ec is practice, overcharge, mulling from financialfinancialviolations are in fact borne by the PurcM1as,. Theretofore, for good worse mod as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under fdcrl or state muter laws for such overcharges relating to the particular goods or =nicer purchased or inquired by fie Purchaser pursumr m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or definise goods by a date to be agrcnd upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be perforated by the most expeditious means available to it, and the Seiler shall pay all casts a neimed with such work. The Seller shall release the Purchase and its contmcmrs of any tier from all liability and claims of any nature resulting from the performance of such work. This =lease shall apply even in the event of fault of negligence of Ore party refused and shall extend to the directors, office, and employees of such party. The Selle/s commercial obligations, including centrally, shall not be deemed to be reduced, in my way, because such work is performed or a aced to be Perforated by the Purchaser. 14. PATENTS. \Manner the Seiler is rnluired to am any design, device, matons] or process coverd by lencr, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fora any and all claims for infringement by reomn of the use of such parented design, device, ordered or process in connection with the contract and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infrngement at any time during the prosecution or after the completion of the work. In can said equipment, or any pan thereof or the intended use of the goods, is in such suit held to consulate infringement and the use of said equipmeat or an is enjoined, lie Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but nomnfringing equipmeno, or modify it so it becomes noninMngin, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of fiensinordna Sellers property or bess, this order my forthwith the with be nccled by Purchaser without liability. 16. GOVERNING LAW. The definitions placates and or the interpretation ofthe agreement and the rights oral[ prof, hereunder shall be consumed under and governed by the haws of the Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, including the service of Sellers Representative(s), on the premises of others. O. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and sbar, in se of my =cident, detmcron or injury to the work wont matenat before Seller's final completion and accordance, complete thc work at Solves own expense and m the satisfaction of Ore Purehas,. When materials and equipment are fum6hd by others for instlftion or menion by the Seller, the Seller shall receive, unload, snort and handle sate not the site and become .,.,Me tharefr as though such materials ani equipment were bnngf island by he Sellerander ode coda. 18. INSURANCE The Seller shall, at his own exporter, povide for the payment criterions compensation, including occupational disease benefits, to its employees employed on or in connection with the work mvertd by this purchase make, and/or to their dependents in accordance with ode laws of the sate in which the wink is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commercial and automobile public liability insurance with bodily injury and death limits oral least $300,000 for any one person, $500,000 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 contraction employees shall do any work upon the premises of others, the Seller shall bullish the Purchaser with a contrun that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurnce have been provided. Such certificates shall specify life date when such compensation and imarance expires. The Seller agrees teal such compensation end insurance shall be mainti=d can ,net the entire work is completed and=ceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or nature whatoever to persons or property caused by or nulling fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchacrs officers, agent and employees from and water my and all claims, losses, damages, charge or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by comun of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shall be brought again, Ore Purch,en or its officers, agent in employees at any time oa account or by reason of my act, action, neglect, omission or defauh of the Seller of any of his commcters or any of its or their officers, agents or employees , aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay my and all costs, charges, attorneys fees and other expenses, any and all judgment that maybe incmrtd by or obtained against the Permanent or my of its or their officers, agent in employees in such scat in other pmccdings, and in case Traditional or other lien be placed upon or obtained against the property orthe Pmchwa , or said parties in or as a result ofsuch suits or other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving bond or otemvi=. The Seller and his contractors shall take all safety protections, furor and install all guards necessary for We prevention of accidents, comply with all haws and regulations with regard to union including but without limituoo, the Occupations[ Safety and Health Act of 1970 and all rules and regulations issued pursuant therm. Revised 071014