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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3212306PURCHASE ORDER PO Number Page City Of/� 3212306 1 of z Flirt Collins This number must appear .'\�,J`, ` ` on all invoices, packing slips and labels. Date: 01/26/2012 Vendor: 497786 Ship To: ELECTRIC UTILITIES MARTIN MARIETTA MATERIALS CITY OF FORT COLLINS 1800 N TAFT HILL RD 700 WOOD ST FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80521 Delivery Date: 01/25/2012 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 Ordered UOM Unit Price Extended Price 4 2012 Ready Mix Concrete $85.10 1 LOT LS 10,000.00 Light & Power 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 Total $1 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 stamtc the City of Foe Cnll ins is exempt from state and local taxes. Our Exempt inn Number is 11. NONWAIVER. 98-0,1562. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Cellecmt nlFailure of the Purchaser to insist upon said performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39 26. 114 (a), exercise any rights or remedies pmvidcd herein or by law, failure to Promptly notify the Seller in the event of U breach. the acceptance efor payment for goads hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of any of the wanardics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist Upon strict performance hcreofor any of its rights or remedies as to any such goods, regardless instructions main the City ofFern Collins. of when shipped, received or accepted. Us to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Pumhoscr operate as a waiver of any of the terms Inspection. GOODS arc subject to the City ofFort Collins inspection on Trial. 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 he understood that FINAL Seller and the Pnmhascr 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 Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fact Collins, 700 Wood St.. Fen Collins, CO 80522. 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 scpamtely, the original freight purchased or acquired by the Pnmhascr pursuarn 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 If the Purchaset direct 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 from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such, Turk. Permits. Seller shall procure at sellers sole cost all necessary permits, eenifieates and licenses required by all applicable laws, regulations, ordinances and mlc% of the state, municipality, territory or political subdivision where the wort: is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fan Collins hatmlm, from and against all liability and loss incurred by them by reamn of an assured or established violation of any such laws, regulations, ordinances, rules and oequircmctrts. Authorization. All panics to this concoct 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 froth and any supplementary or additional term, and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller arc objected tested hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date u noted. Time is of the 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 ofpanial late deliveries, shall operate as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplocing this order cksewhcm and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays duc to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such act, of God, act, ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the nine when the Sella 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 aces lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, snicks, materials and work covered by this order will conf ram with applicable drawings, specifications, samples and/or other daeriptiom given, will be fat 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 Sella agrees to hold the purchaser hardest 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 be prescribed by law or by the terms ofany applicable warranty pmvided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd 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 of profits or loss of use. NO IMPLIED WAR RAN '1'Y 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 teats, including addlnoa, to or deletions fmm 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 ofperfomtance 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 persons of the goods then not shipped, subject to 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 goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller 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 dcli%cred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Firm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller 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 are 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 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 disc hcrennder without the prior oliften 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, reneryslimns, security interest encumbrances and claims clothiers. The Seller shall mlcase the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the pafonnance ofsuch work. This relax, 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 party. The Sella's contracnual 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 harmless the Purchaser fmm 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 of such infringement at any time during the peassention or after the completion of the work. In case .said equipment, or any pan Ihercof 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 our expense and at its option, Cuba procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but anninfringing equipment, or modify it .m 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 tmstec for any of the Sciflas. property or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions affairs used or the interpretation ofthc agreement and the rights efull panics hacnnder 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(%), on the premises ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's man 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 Scller's final completion and acceptance, complete the work at Scller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Scllcr shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andlor equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, pmvidc 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 Imes 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 and automobile public liability insurance with bodily injury and death fired, 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 contrt s, Unity, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofethem, the Seller 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 heca provided. Such eenificates 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 responsibility, and liability for any and all damage. loss or injury ofany kind or nature whatsoever 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 indemnify and hold harmless the Purchaser 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 whether to persons or pmperty to which the Purchaser may be put or subject by reason of any net, 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 Purchaser, or its officers, agents or employees many 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 agree, to assume the defense thereof and to defend the %time at the Sellers own expense, to pay any and all costs, charges, Umorcys Res 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 employee% in such suits or other proceedings, and in case judgment or other lien be placed upon or chained against the property of the Purchaser, or mid panics in or as a result of such suits or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond or nsheneise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for she prevention of accidents, comply with all lows and regulalions with regard to safety including, but without limitation, the Occupational Safety and Ilcalth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010