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HomeMy WebLinkAbout102511 LAFARGE NORTHERN INC - PURCHASE ORDER - 9112453PURCHASE ORDER PO Number Page City Of9112453 1 of 2 �+ Collins his number must appear 1 ' on all invoices, packing slips and labels. Date: 12/21/2011 Vendor: 102511 Ship To: STREETS DEPARTMENT LAFARGE NORTHERN INC CITY OF FORT COLLINS 10170 CHURCH RANCH WAY #200 625 NINTH STREET WESTMINSTER Colorado 80021 FORT COLLINS Colorado 80524 Delivery Date: 04/28/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Ordered Extended Price 15 Change account 1 LOT EA 8,804.45 From: Stan Welsch Sent: Friday, December 16, 2011 3:40 PM To: John Stephen Subject: PO#9112453 Hi John, I need you to make an adjustment to PO# 9112463. 1 need you to reduce the 902120 portion by 8804.45 and add 8804.45 to the 902111 portion. I need 8804.45 to cover all the 902111 retainage. Thanks 16 Change account 1 LOT EA -8,804.45 9-1%� Q. 0'ru-�Slk a-F_ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Purchase Order Terrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-0000587 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 specification, either when shipped or due to defects of damage in transit, may he resumed to you for credit and am not to be replaced except upon rcecipt of written instruction farm the City of Fon Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NON WAIV ER. Eiden, of the Purchaser to insist upon strict performance of the teats and conditions hereof. failure or delav to exercise any rights or remedies provided hcrein or by law, failure to pmmptly notify the Seller in the event of. breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Scllcr of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of aye right of the purchaser to insist upon strict performance h re forany of its rights or remedies as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported nml modification 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. nuthorfzed 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 ofall applicable required inspection procedures. 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 Pumhascr any and all claims it may now have or hereafter Freight Terms. Shipments most he F.O.B.. City of Fort Collins. 700 Wood St., Fart 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 or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not he 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 gads by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafier 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 eo ocimcd with such work. Permits. Seller shall porcum at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mlcs of the state. 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 Fort Collins harmless from and against all liability cad loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles and requirements. Authorization. All panics to this contract agree that the representatives are, in fact bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set font and any supplementary or additional terms and condition 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 yore cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and pMormancc most be effected within the time stated on the p rmhae nrder 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 prevision. In the event of any delay, the Purchascr 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 ref delays 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, fires, strikes, Road, 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 when the Seller first mccivcd knowledge thereof In the cent 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 Seller warrants that all goods, a ticks, 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 nature. The Seller agrees to held the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good. without cost to the purchaser. any defects or faults arising within one (I) year or within such longer period of time as may he prescribed by law or by the terms crony applicable anomaly provided by the Seller after the date of acceptance of the good fumishcd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchascr 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 of the foregoing warranties or guarantees. but such liability shall in no event include loss ofprofits 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 any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the speei❑cations or drawings, by verbal or written change oNer. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. is TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment betweco the panics as to any,rook or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion ofthe good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such tcmtination shall relieve the Purchascr or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be zssencd within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr warrants that all gocxL, sold hereunder shall have been produced, cold delivered and famished in strict compliance with all applicable laws and regulations to which the goads arc subject. The Seller shall execute and deliver such documents ns 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 Seller agrees to indemnify and hold the Purchascr harmless farm all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 prior wvriucn consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrance, and claims ofollum. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature as ofting form the perfommance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of mch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any 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 hamless the Purchaser from 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 Purchascr for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute in ringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchascr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstcc for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftemts used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmed under and governed by the lases critic State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representative(,), on the premise, nfothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs men risk until the same is fully completed and accepted, and shall. in ease of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction cribs Purchaser, When materials and equipment arc famished by robes for installation or erection 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. IS. INSURANCE. The Scllcr 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 state in which the mark is to be done The Seller shall also carry comprehensive general liability including but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at Iciest S300.000 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 compensation and insurance, Before any of the Sellers or his contractors cmpfoyecs shall do any work upon the premises nfathers. the Seller shall furnish 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 certificate, 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 responibllity, and liability for any and all damage, loss or injury crony kind or nature whatsoever to persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection hemwith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers officers, agents and employees from and against any and all claims losses, damages. charges or expenses. whether direct or indirect, and wvhcthcr 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 officers, agents or employees. In case any suit or other proceedings shall be brought against The Purchascr, or its officers. agents or employees at any time on account or by reason of any net action, neglect omission or default of the Seller array 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, anomeys fees 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 tribe Pamhawr, or ,aid panics in or as a result of such suits or other proceedings. the Seller will at once cause the wme to 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 accidents comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safcty and Health Act of 1970 and all rules and regulations issued pmrsuant thereto. Revised 03/2010