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HomeMy WebLinkAbout102511 LAFARGE NORTHERN INC - PURCHASE ORDER - 9112453PO PURCHASE ORDER 911245er Page City Of/� 9112453 1 of 2 ' `t Collins Ind+ This number must appear v ` �7 on all invoices, packing slips and labels. Date: 01/20/2012 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 COLLINS Colorado 80524 Delivery Date: 04/28/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 19 Change order 11 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: -77,945.43 945.43 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 fmm state and local taxes. Our Excerption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (Lif Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hcrcof, failure or delay to exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seiler in the event of a breach, the neccpmnec ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hacefor any 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 oral mndifrntien 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. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchuxer 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 Seiler hereby assigns to the Purchaser any and all claims it may now have or themancr Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the pnnicular grads or services otherwise specified on this order. If permission is given to prepay freight and charge sepamely, the original freight purchased or acquired by the Purchnscr 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 manufactamrs have distributing points in various pans of the country, shipment is If the Purchnscr cited, the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution poise to destination, and excess freight will be deducted firm Invoice when Pumhoser 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 Seiler shall pay all nests associated with such work. Permits. Seller shall premium at sellers sole cost all necessary permits. catificatcs and licenses required by all applicable laws. regulations, ordinances and rules 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. Sella further arads to hold the City of Fort Collins hamlets from and against all liability and Inns incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, mlcs and requirements. Amhodealion. All parties to this contract agree that the representatives arc, in fan, bona Fide and posmc 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 supplandritary or additional terms and conditions annexed hereto or inempomcd herein by reference. 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 no your premised 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 ofpartial 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 ofpincing this order elsewhere and holding the Scllcr liable for damages. However, the Scllcr shall not be liable for damnges as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such act, ti acts fcivil or military authorities, gmanmental priorities, fires, strikes, food, 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 received 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 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 he Fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incor on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (I I year or within such longer period of time as may be prescribed by law or by the toms ofany 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 furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include Toss nfpmf.t, or loss nfusc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal more, 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 gacutifc, originally nodded in the specifications or drawings, by verbal or written change enter. If any such change affects the amount due or the time of perfomancc hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment adman the parties as 10 any work or materials than 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 be made in favor of the Sella with respect to any goods which are the Scllcrs 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 for adjustment must be asserted within thirty (30) days From the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seiler wamms that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject, The Seller shall execute and deliver such documents us maybe required to effect or evidence compliance. All Imes and regulations required lobe incorporated in agreements of this character are hereby 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. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Scllcr variants 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 cncumbmnccs and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any net fmm nil 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 party released and shall extend to the directors, effects and employees of such parry. The Sellers continental obligations, including wamnty, shall not be des ned to be reduced, in any was, 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 indcmnifv and save hamlets 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 crest expense a damage which it may be obliged to pay by reason ofsuch infringement at any time during the pmsecmion 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 infringement and the use of slid equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchusa the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment, or modify it an it becomes noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a recciwer or trustee for any of the Sellers property or business, this order may forthwith be ea accicd by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tcmrz used or the interpretation of the agreement and the rights ofall panics hereunder shall be consmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases what the Seiler is In perform work hereunder, including the services of Scllem ReprcscnntivNs). on the premieres ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and acccptcd, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellcr's final completion and ncccpranec, complete the work at Sellers own cxperise and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become respnnsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkers compensation. including occupational disease benefit,, to its employees employed on or in connection with the work catered by this purchase order. and/or to their dependents in accordance with the Incas of the state in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with Mdily injury and death limin of at IC.ast S300,000 rot any one urvm. 5500,000 for any one accident and property damage limit pa 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 contactors employees shall do any work upon the ptemius ofothcrs the Seiler shall famish the Purchaser with a catificate that such compensation and insurance have been provided. Such ecnificates shall specify the date when such compensation and insurance have been pmvidcd. Such ecnifeme, shall specify the date when such compensation and insurance expires. The Seiler agrees that such compensation and insunnce 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 loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm 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 r all of the Purchasers officers, agents and employees fmm and against any and all claims losses, damages. char... 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 cmttmdors, or any of the Sellers or contractors offmax, agents or employees. In case any suit or other pmcccdings shall be brought against the Purchnscr, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, emission or default of the Seller of any of his contractors or any of its or their offucas, agents or employees as aforesaid, the Seller hereby agrees to routine the defense thereof and to defend the same at the Sellars own expense, to pay any and all costs, charges, attorneys 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 of the Purchaser, or said panics in or as a result of such suits or other pmcccdings, the Seller will at once cause thematic to be dissolved and discharged 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 nil mles and regulations issued pursuant thereto. Revised 03/2010