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HomeMy WebLinkAbout539869 LIGHTFIELD ENTERPRISES INC - PURCHASE ORDER - 9165749Fort Collins PURCHASE ORDER Date: 08/26/2016 Vendor: 539869 LIGHTFIELD ENTERPRISES INC 2600 MIDPOINT DR FORT COLLINS CO 80525 PO Number Page 9165749 1o12 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: 08/26/2016 Buyer: ELLIOT DALE Note: PER TERMS AND CONDITIONS OF BID 8344 AND AGREEMENT DATED 8/26/2016. Line Description Quantity UOM Unit Price Extended Ordered Price i PHASE 3 CONCRETE CONTRACT 2 Street & Bridge Maint Sery 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:purchasin9Oafcgov.com 1 LOT LS 1 LOT LS 135, 000.00 860,464.89 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com 7 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 races Our Exemption Number is 11 NONWAIVER 98-0,1502 Federal Excise Tax Exemption Certificate of Registry 84-6000587 its registered with the Collector of Failure of the Purchaser to insist upon tact performance of the tames and conditions henvf failure or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39d6, 114 (a). exercise any rights or remedies provided herein or by law, future to promptly noufy 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 Sel ler of Goods Rejected GOODS REJECTED due to failure to mein specifications, either when shipped or due to defects of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its nghts or remedies as to any such goods, regardless instructions from the City offort Collins of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate at a waiver of my of the terms Inspection GOODS are subject in 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 authonaed payment on the part of the City of Fort Collms. 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 proceduresviolations are in fan 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 clams it may new have or hereafter Freight Terms Shipments most be F O B . Qry of Fort Collins, 700 Wood St. Fort Collins, CO 80522. unless acquired under federal or stare annttust laws for such overcharges relating ro the particular goods or wmcm otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order bill must accompany invoice. Additional charges for packing will not be accepted 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS Shipment Distance. Where numinfmturers have dambuung points in various pans of the country, shipment is If the Purchaser directs the Seller to connect nonconforming or defective goods by a date to be agreed upon by the expected from the nearest clo mbunon point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter Indicates its inability or unwillingness to comply, the Purchaser shipments we 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 work. Per nus Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state. normC pality. tentiory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Ion Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinmces, tales and requirements Authonaanon All parties to this contract agree that the representatives are in fact. bona fide and possess full and complete authority to bind sad parties LIMITATION OF TERMS This Purchase Order expressly limns acceptance to the terms and conditions stated herein set forth and my 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 dyou cannot make complete shipment to arrive on your premised delivery dare as noted Time its of the essence. Delivery and performance must be effected within the time rioted on the purchase order and the documents attached hereto No acts of the Purchasers including without limitation, acceptance of partial late deliveries, shall operate as a waver of this prevision In the event of arty delay, the Purchaser shall have. In addition to other legal and equitable remedies, the open of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are bevond nx reasonable control and without Its fault of negligence. such tuts of God, acts of civil or military authorities , governmental priorities, fires, stakes. Bond, epidemics, wars or riots provided that notice of the conditions causing such delay its Seven to the Purchaser within five (5) days of the nine when the Seller first recetved knowledge thereof be the even 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 Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence a accordance with accepted standards for work of a Similar nature. The Seller agrees to hold the purchaser Journalists from my loss, damage or expense which the Purchaser may suffer or mew on account of the Sellers breach of warranty The Seller shall replace, reparr m make good. without cost to the purchaser, my defects or faults ansmg within one (I) yew or within such longer penod of nine as may be prescdbed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods fumshed hereunder (weep race not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty Except as otherwise provided a this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wanmnes or guarantees, but such liability shall in no event include loss of profits 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 written change order 5 CHANGES IN COMMERCIAL TERMS The Purchaser may make my 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 affects the amount due or the name of performance hereunder, an equitable adjustment shall be made 6 TERMINATIONS The Purchaser may m my nine by women change order, terminate this agreement as to my or all portions of the goods then not shipped subject to my equitable adjustment between the James as to my work or materials then in progress provided that the Purchaser shall not be liable for 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 my goods which we the Sellers standard stock No such lamination shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder 7 CLAIMS FOR ADJUSTMENT Any claim for adjusacto must be asserted within thirty (30) days from the date the change or termination is ordered 8 COMPLIANCE WITH LAW The Seller warrants that all goods sold hereunder shall have harm produced. sold delivered and furnished in sect compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated a agreements of this character we hereby incorporated herein by tins reference The Seller agrees to indemmry and hold the Purchaser harmless from all costs and damages suffered by the Purchaser in a result of the Sellers failure w comply with such law 9 ASSIGNMENT. Norther parry shall assign, transfer, or convey this order, army monms due or to become due hereunder without the prior woman consent of the other parry 10 TITLE The Seller warrants full, clear and unrestricted title to the Poorhouse, for all equipment, materials, and items Famished In performance of this agreement, free and clear of my and all hem, resmetioms. reservations, security interest encumbrmcus and clams of others. The Seller shall release the Purchaser and its contractors of any net from all Lability and clams of any name rasulong from the performance of such work This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, off cers and employees of such parry The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in my way, because such work its perforated or caused to be performed by the Purchaser 14 PATENTS Whenever the Seller IS required to use my design, device, matenal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for mfnngement by reason of the use of such patented design, device, material or process in connection with the connect, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my nine during the prosecution or after the completion of the work In case said equipment, or my pan thereof or the intended use of the goods, is in such suit held in constitute infnirgement and the use of sad equipment or part is enjoined, the Seller shall, at its own expense and at its opnan, either procure for the Purchaser the right to connote using said equipment or pans, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes nonmfnnging t 5 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 cancded by the Purchaser without Lability 16 GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the ngh% of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others 17 SELLERS RESPONSIBILITY The Seller shal I carry on sad work at Sellers own nsk until the same its fully completed and accepted and shall. in case of my accident. destruction or injury In the work and/or materials before Sellers final completion and acceptance. complete the work at Sellers own expense and to the Satisfarnon of the Purchaser When materials and equipment are fumshed by others for installation or erection by the Seller, the Seller shall receive, unloa- smre and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order IS 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 then dependents in accordance with the laws of the state m which the work is to be done The Seller shall also tarty comprehensive award liability including, btu not binned to. comeactual and automobile public liability insurance with bodily injury and death brims of at least $300,000 for my one person, $500.000 for my one accident and property damage limit per accident of $400,000 The Seller shall likewise require his contractors, of my. to provide for such compenswin and insurance Before my of the Sellers or his contractors employees shall do any work upon the premises archers, the Seller shall frmtsh the Purchaser with a cemficate that such compensation and insurance have been provided. Such certificates shall specify the date when such compenmuon and rnsurmce 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 miuma ned until after the more work is completed and accepted 19 PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entree responsibility and liability for any and all damage, lass or injury of my kind or nature whatsoever to persons at property caused by or resulting from the execution of the work provided form this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property te which the Purchaser may be put or subpect by reason of my act, action, neglect, omission or default on the pan of the Sella, my of his contractors, or my of the Sellers or contractors officers. agents or employees In case my sort or other proceedings shall be brought against the Purchases, or its officers, ages or employees at any time on account or by reason of my act, 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 same at the Sellers own expense, la pay my and all cores, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained agmat the Purchaser or my of its or their officers, agents or employees in such suits or other praceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panes in or as a result of such huts or other proccedmgs, the Seller will at once cause the same te be dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of acctdenn, comply with all laws and regulations with regard in safety including, but without Imitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto Revised 0312010 Fort Collins PurcM1asing September 1, 2016 Lightfield Enterprises Inc Attn:Lucia Lightfield 2600 Midpoint Drive Fort Collins, CO 80525 RE: 8344 Concrete Maintenance Project Phase III Dear Ms. Lightfield: Financial Services Purchasing Division 215 N. Mason St. 2Id Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- tax lcgov, compurchasing Thank you for recently submitting a bid to the City of Fort Collins for 8344 Concrete Maintenance Project Phase III. Your firm was the low bidder and in accordance with contract specifications, your bid bond is being returned to you. We appreciate the time spent in preparing your bid response and look forward to working with you. If you should have any questions, please contact me er Paul Purchasing Director Enclosures. Bid Bond GP:bd City of Fort Collins �� �7, Purchasing September 1, 2016 Northstar Concrete Inc Attn: James Adamson 1220 S Garfield Ave oveland, CO 80537 RE: 8344 Concrete Maintenance Project Phase III Dear Mr. Adamson: Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov.com/purchasing Thank you for recently submitting a bid to the City of Fort Collins for 8344 Concrete Maintenance Project Phase III. Your firm was not the low bidder and in accordance with contract specifications, your bid bond is being returned to you. We appreciate the time spent in preparing your bid response and we hope you continue your interest in City of Fort Collins' projects. If you should have any questions, please contact me C P ul asing Enclosures: Bid Bond GP:bd City of Fort Collins Purchasing September 1, 2016 Waterhouse Inc Attn: Jared Waterhouse 1432 Reeves Drive Fort Collins, CO 80526 RE: 8344 Concrete Maintenance Project Phase III Dear Mr. Waterhouse: Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970221.6707- fax fcgov.com/Purchasing Thank you for recently submitting a bid to the City of Fort Collins for 8344 Concrete Maintenance Project Phase III. Your firm was not the low bidder and in accordance with contract specifications, your bid bond is being returned to you. We appreciate the time spent in preparing your bid response and we hope you continue your interest in City of Fort Collins' projects. If you should have any questions, please contact me Enclosures: Bid Bond GP:bd