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HomeMy WebLinkAbout267431 NORTHSTAR CONCRETE INC - PURCHASE ORDER - 9162226 (3)Fort Collins Date: 04/12/2016 Vendor: 267431 NORTHSTAR CONCRETE INC 1220 S GARFIELD ST LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9162226 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 CO 80524 Delivery Date: 04/12/2016 Buver: ELLIOT DALE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2016 CONCRETE - BID #7509 1 LOT LS PER TERMS AND CONDITIONS OF BID 7509 AND 2016 RENEWAL. 2 Street Construction Services 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.com 1 LOT LS 830,361.28 577,030.72 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By some the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay in lure.] Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods 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 and shall not be deemed a waiver of any right of the damage in Imsit may be resumed to you for milk and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or my of its rights or remedies as many such goods, regardless instructions from the City of port Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tams Inspection. GOODS are subject to the City of For 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 part of the City of Fort 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 dependent upon completion of all applicable required 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 my and all claims it may now have or hereafter Freight Tema. Shipments mull be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or mute antinu l laws for such overcharges relating to the fornicator goads or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser ransom to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various paces of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller .shall procure at sellers sole cost all necessary permits, certificates unit licenses required by all applicable laws, regulations, ordinances and roles of the sate, municipality, territory or political subdivision where the work is performed, or required by my other duly continued public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hmmleas from and against all liability and Ions incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirensens. Authorization. All parties to this contract agree that the repromeaives are, in fact, bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set fora and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are 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 of the essrnm. Delivery and perfomnmtt most be effected within the time stated on the purchase order and the documents coached hereto. No acts of the Purchasers including, without limitation, acceptance of partial are deliveries, shall operate as a waiver of this provision. In the event of any 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 in a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without is fault of negligence, such ors of God, rots of civil or military authorities, governmental priorities, fans, strikes, flood, 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 who the Sella fast received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions giver, 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 nature. The Seller agrees to hold the purchaser harmless form any lass, 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 cost m the purchaser, any defects or faults arising within one (1) year or within such longer period of now as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance nor in be unreasonably delayed), resulting from imperfal or defective work done or materials furnished by the Sella. Acceptance or use of goods by the Purchaser shall rat constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of rue. 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 wriam change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make my changes to the terms, other than legal moms, 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 affects the amount due or the time of performance hcremder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials drcn in progress provided that the Purchaser shall not be liable 1'or my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofmy of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict complimm with all applicable laws and regulations to which the goods are subject The Seller shall esecute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are, hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchases harmless from all costs and damages suffered by the Purchaser as a result of the Sellers uilum to comply with such law. 9. ASSIGNMENT. Neither party 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. 10. TffLE. The Seller warrens full, clear and unrestricted title to the Purchaser for at I equipment materials, and items furnished in performance of this agreement fice and clear of any and all li as, restrictions. nsarvatiors, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchnser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates Its inability or unwi0rigucss to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my mtum resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and slmll extend to the directors, offcas and employees of such patty. The Sellers contractual obligations, including warranty, shall out be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design. device, material or process covered by later, patent trademark or copyright, the Seller shall indemnify and save harmless the Punchier from my and all claims for infringement by realm 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 m pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to cons roc, infringement and the use of mid equipment or part is enjoined, the Seller shall, in its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. I5. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the integrreation of the agreement and the rights of all parties heemder shall be construed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreaenmtive(s), on the premise of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for insallauon or enaction 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 furnished by the Seller under the order. 18, 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 covered by this purchase order, and/or to their dependents in accordance with the laws of the more in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmatud mad automobile public liability insurance with bodily injury and death limits of at least 5300,000 for my one person, $500,000 for my one accident and property dmmge 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 contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchnser with a certificate that such compensation 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 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 for my and al I damage, loss or injury of any kind or moue whatsoever to persons or properry caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchnser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, changes or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my rot action, neglect, omission or default an the par of the Sella, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of any rot, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay my and all costs, charges, momeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my 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, or mid parties in or m a resuh of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his mntraccors shall mke all safety precautions, famish and instill all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant herem. Revised 0312010