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HomeMy WebLinkAbout102511 LAFARGE NORTHERN INC - PURCHASE ORDER - 9112453 (2)PURCHASE ORDER PO Number Page City Of112453 + of z ' `t Collins This number must appear 1 on -all invoices, packing slips and labels. Date: 12127/2011 Vendor: 102511 LAFARGE NORTHERN INC 10170 CHURCH RANCH WAY #200 WESTMINSTER Colorado 80021 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLI orado 80524 Delivery Date: 04/28/2011 z Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 17 PO accidently closed 1 LOT EA 118,358.44 As we discussed, here are the PO' s d the amounts I need restored due to my cancelling. Debbie D 1e PO accidently closed C3. O!l�-�s-Q J� 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 1 LOT EA Total Invoice Address: 146,777.40 135.84 City of Font. Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempt inns By stmute the City of Fort Collins is exempt them state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Cenifiatc of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof, failure or delay to Internal Rcvcome, Denver, Cnlamdo(Ref. Cnlomdo Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the neceptanee ofor payment for good hacunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit. may be returned to you fro credit and are not to be replaced except upon receipt of written purchaser m insist upon strict performance haccforany ofits rights or remedies as to any such goods, rcgardlcss instructions from the City of Fon Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purpnnd nml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized 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 arc in fact 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 claims it may now have or hereafter Freight Terms . Shipments most be F.O.B., City of Fen 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 or acquired by the Purchaser pursuant to this purchase orden 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 noncoulaturng or dcfcanc goods by a date to be agreed upon by the expected from the nemest distribution 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 arc made from greater distance. may cause the work to be Performed by the most expeditious means available to it and the Seller shall pav all casts associated with such work. Permits. Seller shall procure at Scllcr sole cost all necessary permits, ar irtcatcs and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or political subdivision when the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins hamlcss from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations ordinances, mles and requirements. Authorimtion. All panics to this concoct agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set froth and anv 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 if you cannot make complete shipment to arrive on your promised delivery date as ranted. Time is ofthe essence. Delivery and performance must be a ceted within the time stated on the purchase order and the documents romehcd 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 remedies, the option ofplaeing this order elsewhere and holding the Seller liable for damages. However. the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its Gult ofnegligcnce, such as ofGed, acts ofeivil or military authorities, governmental priorities, Isms. strikes flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within fie (5) days of the time when the Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the perind equal to the time actually lost by reason ofthe delay. 3, WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dm vinge, specifications, samples and/or other descriptions given, will be fit for the purpo%es intended, and performed with the highest degree of care and compdcnce in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from 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 mike 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 prescribed by law or by the terms ofany applicable wamnty provided by the Seller after the date of acceptance of the goods famished hacander (acceptance 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 crime claim andcr this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wnmtnics or guarantees, but such liability shall in no event include loss ofpmfits or loss ofuw. 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 mike any changes to the term, other than legal tam, including additions to or deletions from the quantities onpiadly official in the specifications or drawings, by verbal or written change order. If any such change affects the ammmt due or the time ofperformanec hereunder. an equitable adjustment shall he 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 to any equitable adjustment between the parties as to any work or motermis then in progress 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 he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such tanamition shall relieve the Purchaser or the Seller ofany of their obligations as to any goods dclixwd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnis 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 Seller shall execute and deliver such documents as may be required to effect or evidence compliance All Imes 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 Purchaser hamlcss from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pare shall assign, in, nsfe6 or convey this order, or any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamtns ful1. 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 liars, restrictions, rcscrvntions security interest encumbrances and claims of others. The Scllcr shall release the Pu rchascr and its contractors of any tier from all Imbil ity 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 party released and shall extend to the dimoom. oRcas mid employees ofsuch parry. The Seller's commaunl obligations, including warranty, shall not he deemed to be reducer, in any sway, because such work is performed or caused to he 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 Scllcr 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 process in connection with the contract, and shall indemnify the Purchaser for any cost, expanse or damage which it cony be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the ,fork. In case said equipment, or any part thereof or the intended use of the coeds, 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 at its option. either precinct for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfriragmg. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make no assignment for the harefit of acchu ts, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The donnitions oftcrms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall he con%trod ands and governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases w'hav the Seller is to perform work bcrcural including the services of Scllcrs Represenrative(s), on the premises of nthcrs. 11. SELLERS RESPONSIBILITY. The Scllcr shall carry oa said work at Sellers own risk until the same is filly completed and accepted, and shall, in case of say accident, destruction or injury to the work and/or materials before Seller's final completion and .acceptance, complete the work at Sclla's own expense and to the satisfaction of the Purchaser. When materials .and equipment are famished by others 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 mmaials and/or equipment were being furnished by the Seller underthe order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compenssarion, including ounpatioud disease hercfts, to its employees employed on or in connection with the work covered by this purchase order. and/for to their dependents In flaordance with the laws of the %rate in which the work is to he 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 (cast 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 contractor employees shall do any work upon the premises ofothas, the Sellershall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecnificates shall specify the date when such compensation and insurance have been provided. Such ccnifiatcs shall specify the date vrhen such co nwnattion .and insurance expires. The Seller agrees that such compensation and insurance shall he 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. loss for injury ofany kind or nature w'hatsocver to persons or Property caused by or resulting from the execution ofthe work provided for in Ibis purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any to all of the Purchaser officer, agents and employees (hem and against any and all claims, losses, damages. charges or expenses whether direct or indirect, and wheia to persons or propery to which the Purchaser may be put or subject by reason of any act, action, ncglcct omission or default on the pan of the Seller, any of his contractors, for any of The Sellers or contractors officers, agents or employees. In case any suit or other forreci ings 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 contractor or tiny of its or their officer, agents or employees as aforesaid, the Seller hereby agrees in assume the defense thereof and to defend the same or the Sellers own expense, to pay any and all costs, charges, nnomcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchnscr or tiny 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 Purchnscr, for said panics in or as a result of such snits or other proceedings. the Sellcr,ill at once cause the same to be dissolved and discharged by giving bond for 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 lams and regulations with regard to safety including. but without limitation, the Occupational Safety and Hcalth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010