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HomeMy WebLinkAboutPrebid - BID - 7222 ASPHALT OVERLAYPURCHASE ORDER PO Number Page .City of ^ 9112453 1'o12 (�e�t ( OLlinS This number must appear V l v Ion all invoices, packing slips and labels. Date: 04/28/2011 Vendor: 1025.11 LAFARGE NORTHERN INC 10170 CHURCH RANCH WAY #200 WESTMINSTER Colorado 80021 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 86524 Delivery Date: 04/28/2011 Buyer: JOHN STEPHEN Note: Line Descri tion Quantity Extended p Ordered UOM Unit Price price 2011 ASPHALT OVERLAY PROJECT 1 LOT LS 21000,000.00 PER TERMS AND CONDITIONS OF BID #7222 AND AGREEMENT DATED APRIL 14, 2011 2 Street & Bridge Maint Sery 1 LOT LS 1,254,586.75 C. t City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO 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 Total $3,254686.75 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is 98-0,1507. Federal Excise Tax Exemption Certificate of Regixtry 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be trimmed to you fur credit and are not to be replaced except upon receipt of written instructions from the Cityof Fon Collins. Inspection. GOODS me subject to the City of Fort Collins inspection an arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay m rxereise any rights or remedies provided herein or by law, failure to gMMPlly notify the Seller in the event 'Of. breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not rcicase the Seiler of any of the wanontics Or obligations of this purchase order and shall not be doomed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or Tanneries es to any such goods, regardless of when shipped, received or accepted, as to any prim or subsequent dcfan It hereunder, nor shall any purponcd oral modi 0cation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhnrized payment on the pan 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 frem antilntst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in foci 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 claims it may now have or hereafter Freight Terns. Shipments must be F.O.H., City of Fort Collins. 700 Wood St., Fort Collins, CO 80522. unless Acquired under federal or state antitrust laws for such overcharges rotating to the particular goods or services otherwise specified on this order. if permission is givento 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 manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Sella to carted nonconforming or defective goods by a date to be agreed upon by the expected from the n"rest distribution point to destination, and excess freight will be deducted from Invoice what Purchaser and the Seiler. and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater disunce. may "use the work In be performed by the most expeditious means available to it, and the Seller shall pay all cats associated with such work. Permits. Seller shall procure at sellers we cost all necessary permits, ceniftcatae and licenses required by all applicable laws, regulations, ordinances and mks of the scale. municipality, territory 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 Fart Collins homeless from and against all liability and loss insured by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact. bona fide and possess full and complete amhority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refacnec. Any additional or different terms and conditions proposed by seller arc 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 essence. Delivery and performance muss be effected within the time stated on the purchase order and the documents attached hereto.. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision, In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable ¢medics the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable fm damages as a result of delays due to ceases not reasonably foreseeable which arc beyond its reasonable cannot and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities. firers, strikes, flood, epidemics, wars or nots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of The time when the Seller first teaived knowledge thereof, in the event of any 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 given, will be fit for the purposes intended. and Performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar.riature. The Sella agrees to hold the purchaser harmless 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 cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be proscribed by law or by the terms ofany applicable warranty provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or deketive work done or materials famished by the Seller. Aceepance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warranties or guarantees, but such liability shall in no event include loss ofproftts or loss ofuse. 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 any changes to the terms, other then 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 time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject 10 any equitable adjustment between the panics 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 of the good and/or work, fur incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any goods which etc the Sellers standard stock. No such termination shall relieve the purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment most be asscned within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella 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 arc subject. The Salim shall execute and deliver such documents as may be required to effect or o ,idence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated hacin by this defacncc. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sollars failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prim written consent of thcother pant. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishcd in performance of this agreement. free and clear of any and all limns, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the 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 ofwch parry. The Seller's contractual obligations, including warranty, shall not be dcamed to be reduced, in any way, because such work is performed or caused In 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 from any and all claims for infringement by reason of the use Of such patented design, device, material or pnrcess in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or ancr 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 constitute infringement and the use of said equipmenLor pan is enjoined, the Seller shall, at its men 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. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Of terms used or the interpretation ofthe agreement and the rights of all panics hacunder 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 Scllcrs Representative(s), on the promises 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 any 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 arc furnished by others for installation or erection by the Seller, the Seiler shall receive, unload, store and handle same at the site and become responsible thaefim as though such materials and/or equipment were being fumishcd by the Seller under the order. 18. INSURANCE, The Scilcnsholl, 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 state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual end automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, S500.000 for any one accident and property damage limit per accident of S400.000. The Sella shall likaxisc require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a ccnificate 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 Seiler agrees that such compensation and insurance shall be maintained until aver the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss a injury ofany kind or nature whatsoever to persons or property "used by Or resulting from the execution fthe 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 Purehasas officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons 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 the Sellers or contractors otfmces, agents or employee. In case any suit or other proceedings shall be brought against the Purehma, err its officers, agents or employees at any time an account err by reason of any act, action, neglect, omission or default of the Seller of any of his contraca s or any of its or their offiners, agents or employees as aforesaid, the Seller hereby agrees to assume the dcf roc thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, ammacys ices and other expenses. any and all judgments that may be incurred by or Obtained against the Purchaser or any of its or their otfcam. agents or employees in such suits or otha proceedings, and in "so judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other proceedings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond Or otherwise. The Seller and his contractors shall take all safcty, precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard In safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010