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HomeMy WebLinkAbout102511 LAFARGE NORTHERN INC - PURCHASE ORDER - 3211110 (2)City of Fort Collins Date: 05/12/2011 PURCHASE ORDER Vendor: 102511 LAFARGE NORTHERN INC 10170 CHURCH RANCH WAY #200 WESTMINSTER Colorado 80021 PO Number Page 3211110 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/06/2011 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 2011 Slurry 73.75/cy for Light & Power -Addendum City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 1 LOT LS 75,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tertns and Conditions I I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be retumcd to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS am subject to the City of Four Collins inspection on arrival. r Page 2 ofr2 11. NONWAIVER. Failure of the Purchaser In insist upon strict performance ofthe Irma, and conditions hereof. failure or deify to% exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a1:. breach, the acceptance of or payment for goods hereunder m approval of the design, shall not mlcase the Seller at any of the wammics or obligations Of this purchase order and shall not be deemed a\vaiver of any right Of the purchaser to insist upon said perfommoo hercofor any of its rights or remedies as many such good.,, regardless _ of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purpnned oral modification or rescission of this purchase order by the Purchaser operate as a ..giver of any of the terms hcrcof. Final Acceptance. Receipt of the mcmhandise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Howcvcr, it is to be understood that FINAL Seller and the Purchascr recognize that in actual economic practice, overcharges resulting farm ruffians, ACCEPTANCE is dependent upon completion ofall 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 Purchascr any and all claims it may now have or hereafter Freight Tells. Shipment% must be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased orientated 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Scllcr, and the Seller thavaller indicates its inability or unwillingness to comply. the Purchaser shipments arc 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. Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vcvdor. Seller further agrees to hold the City of Fort Collins hamlet% from and against all liability and loss incurred by them by ma%on of an asserted or establishal violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this conflict agree that the representatives arc, 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 terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hacto or incorporated hcrcin 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 tryout cannot make complete shipment to arrive am your promised delivery date as noted. Time is ofthe essence. Delivery and performance 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 ofthis prevision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delay, due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities, governmental priorities. Gres, strikes, fund, cpidanics, wars or riots 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 received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reform ofthe delay. 3. WARRANTY. The Seller warrants that all goods, auricles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purpascs intended. and Inflamed with the highest degree of am and competence in accordance with accepted standard% for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lose damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of Tammy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one H I year or within such longer period of time as may be prescribed by law or by the terms of any appl icablc warmory provided by the Seller anet the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or orman . famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wfmntics at guarantees, but such liability shall in no event include loss of profits or loss close. 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 than legal terms including additions to at dcicliops from the quantities originally ordcmd in the specifications or drawings, by vahnl Or .vrhou change order. If nny such change affects the amount due or the time ofpnfomance 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 grads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgret, provided that the Purchaser shall not be liable for any 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 Sella with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser of the Seller of any of their obligations as to any good., delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or tatunatino is ordered. S. COMPLIANCE WITH LAW. The Seiler wamne, that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good, arc 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 arc hacby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr harmless from all costs and damages suffered by the Purchascr as a result of The Sellers 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 poor written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of.thas. The Seller shall release the Purchaser and its contractors of any net from all liability and claims Of any nature resulting from the performance ofauch 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 of such party. The Seller's contractual Obligations, including wamnty, shall not be deemed to be reduced, in nay way, because .such work is performed or 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 hamlet,, the Purchaser form any and all claims for infringement by reason 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 to pay by reason ofsuch infringement at any time during the PrOwation or after the completion of the work. In case said equipment, or . any pan thereof or the intended use of the funds, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and of its option, either procure for The Purchaser the right to continue using said equipment or pans replace the same with substantially equal but noninfringing Equipment, or modify it of it becomes noninfringing. 15.INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make in assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forth, i III be ca nccled by the Purchaser without liability. 16. GOVERNING LAW. The definitions fterms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State Ol Colomdc, USA. The following Additional Condition, apply only in cases where the Seller is to perfom work hereunder, including the services of Scllem Representative(,), on The premises ofethers. 17. SELLERS RHSPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the some 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 complde the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or covenant by the Seller. the Scllcr shall receive, unload, store and handle same at The site and become responsible therefor as though such materials and/or equipment were being famished by the Seiler tinder the order. 18. INSURANCE. The Sella shall. at his own expense, provide for the payment of workers compensation, including occupational disease benefit, 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 Ira¢, of the state in which the work is In be done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and fmomohilc public liability noon nce wah bmlily injury and death limits of at least S300.00) for any one person. S500.000 for any One accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compansalion and insurance. Before any of the SCllcrs Or his contractors employees shill do any work upon the premises of others, the Scllcr shall famish 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 eenifieatex shall specify the date when such compansalion 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 any and all damage. Ions or injury Ofany kind ar nature whntsacvcr to persons or property caused by Or resulting from the execution Of the work provided for in this purchase order or in connection herewith. The Seller will indent in fy and hold harm less the Purchaser and any or all of the Purchasers offeen. agents and employees from and against any and all claims losses dumugcs, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchascr may be put or subject by reason of any act, action, neglect, antission or default on the pan Of the Sella, env of his contractors, or any of the Sellers or contractors olfcas, agent% or employees. In case any suit or other pmcecings shall be brought against the Purchaser. or its officers. agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any 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, to pay any and all costs, charges. attorneys Ices and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any 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 Purchascr, or said panics in ar as a result of such suit, or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othcmisc. The Seiler and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but withmit limitaion, the Occupf inal Snfcly and Health Act Of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010