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HomeMy WebLinkAbout102511 LAFARGE NORTHERN INC - PURCHASE ORDER - 9952665 (3)City of F6rt Collins Page Number: 1 Date: 12/16/2009 Purchase Order Number: 9952665 Delivery Date: 4/29/2009 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 11 1 LOT 4,668.37 change order 6 12 1 LOT 9,252.82 change order 6 13 1 LOT 51,133.62- change order 7 14 1 LOT 538.78- change order 7 Total $37,751.21- Qn,-��' Invoice Address: City of Fort CorffinDirector of Purchasing and Risk Management City of Fort Collins This order is alid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Excerption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (n). Goods Rejected. GOODS REJECTED due 10 failure to meet specifications, either when shipped or due to defects at' damage in transit, may be returned to you for credit and are not to Ire replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Foil Collins inspection on aniva Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However. it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins. CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufactm ers have distributing points in various parts ofthe country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipnments are made fi om greater distance. Permits. Seller shall procure at sellers sole costal I necessary permits, certificates and licenses required byaII applicable laws. regulations, ordinances and rules of the state, municipality, ten-itOlN or political subdivision where the work is performed, or required by any other duly constituted public authority Imving jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless front and against all liability and loss incurred by theni by reason of an asserted or established violation of any such Imes, regulations. ordinances, rules and requirements. Authorization. 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 tents and conditions stated herein set forth and any supplementary or additional tetras and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and her rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive un your promised delivery date as noted. Time is ofthe essence. Delivery and per must be effected within the time stated 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 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 as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its Ewlt of negligence, such acts of God. acts of civil or military authorities, governmental priorities, fires, strikes. flood. epidemics. wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe linne when the Seller first received knowledge thereof. In the event ofany 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 put -poses intended. and perfomred with the highest degree of care and competence in accordance with accepted standards for work ofa similar name. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser stay suffer a, - incur on account ofthe Sellers breach of warranty. The Seller shall replace. repair or make good, without cost to the purchaser, any defects or faults raising within one (])year or within such longer period of time m ntay beprescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wan anty. Except as otherwise provided in this purchase order. the Sellers liability her shall extend to all damages proximately caused by the breach of any of the for wan anties urn 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 mmake changes to legal tems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terns, including additions to at deletions fFom the quantities originally ordered in the specifications or drawings. by verbal or written change order. I f any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be trade. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions ofthe goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment bemade in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods Moro 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 in agreements of this character are her incorporated herein by this reference. 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. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XXV III ofthe Colorado Constitution ("Article XXV I I I"), then the provisions of Section 15 of Article XXV II I are her incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is ❑ "contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 at Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or public employment with the state of Colorado or any of its political subdivisions. for three yews. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any nnonies due or to becomme due hereunder without the prior written consent of the other party. 10. TITLE, The Seller warrants lull, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in pednmance of this agreement, lire and clear of ;my and all liens, restrictions, reservations, security interest encumbrances and clains of others. I I. NONWAIVElt. Failure of the Purchaser to insist upon strict perf rroance of the terns and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofa breach, the accepunce of"or payment f mr goods hereunder at approval of de design, shall not release the Seller ofany ufthe warranties m obligations oft his purchase or and shall not be deemed a waiver ofany right ofthe purchaser to insist upon strict perfiumnance hereof of any of its rights or remedies as to any such goods, regardless of when shipped, received or ncceptcdL as to any prior or subsequent default hereunder, nor shall any pm'ported oral modification or rescission of this purchase order by the Purchlsel' operate as a waiver of any of the terns hereof. 12. ASSIGNNI ENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, over resulting Isom antitrust violations are in fact borne 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 clains it niiy now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods orservices purchased of acquired by the Purchaser pursuant to this purchase order. 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser 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 unwillingness to comply, the Purchaser may cause the work to be per fmmred by the most expeditious 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 any tier fionn all liability and clains ofany nature resulting from the per l'onnance of"such work. This release shall apply even in the event of fault of negligence ofthe party released and shall extend to the directors, officers and employees of"such petty. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in anyway, because such work is performed o- caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser fi our any and all claims; for infringement by reason of the use ofsuch patented design. device, naverial or process in connection with the contract, and shall indetimify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such infringement army time during the prosecution or after the completion ofthe work. In case said equipment, or any pall thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pill is enjoined, the Seller shall, at 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 non -infringing equipment, or modify it so it becontes non -infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit ofcieditos, appoint a receiver m vustee for any ofthe Sellers properly or business. this or may fortlmvith be canceled by the Purchaser without liability. 16. GOVERNING LAW. "Fire definitions of teens used or the interpretation ofthe agieemment and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work her eunder. including lire services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall canny on said wok tit Sellers own risk until the same is fully etnnpleted and accepted, and shall, in case of anv accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, mplete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by othe'I's for installation at election by the Seller, the Seller shall receive, mnload, store and handle salve at the site and beconne responsible therefin its though such nmtemis mid/or equipment 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 occupational disease benefits, to its employees employed on at in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry coniprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at 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. Befare any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall fiumish the Purchaser 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. IQ PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'fire Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind at - nature whatsoever to persons or properly caused by or resulting from 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 or all of the Purchasers officers, agents and employees from and against any and all clains, losses, danniiges, charges or expenses. whether direct or indirect. and whether to persons or property ro which the Purchaser may be put or subject by reason ofany act. action. neglect, omission or default on the part ofthe Seller, anyof his contractors, or anyofihe Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account at by reason ofany act, action, neglect, omission or default ofthe Seller ofany of his contractors or any of its or their officers, agents or emmployees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the satire at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and alljudgnnents that may be incurred by or obtained against the Purchaser or any of its urn their officers, agents urn employees in such suits or other proceedings, and in case judgment or other lien be placed upon at obtained against the properly of the Puchaser, or said parties in arm a result of such suits or other proceedings. the Seller will at once cause the satire to be dissolved and dischmged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install 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 thereto. Revised 04/2009