Loading...
HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3214128 (2)PO PURCHASE ORDER 321412er Page C117/ of PURCHASE 14128 t of 2 ' `tCollins` This number must appear V " on all invoices, packing sli s and labels. Date: 10/30/2014 Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS CO 80521 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/29/2014 Buyer: PAT JOHNSON 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 z Addendum to add funds per req 48393 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 20,000.00 Total Pay terms net 30 days 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 1. COMMERCLLLDEFAILS. Tax exemptions. By statute be City of Fan Collins is exempt from stain and local taxes. Our Exemption Number is 9"502. Federal Excise Tax Exemption Cmifcsa of Registry 84-6000589 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sources 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 reromed to you for credit and are not to be replaced except upon receipt of written mentre ions from the City of Fan Collins. hereafter. GOODS are subject To the City of Fan Collins inspection on critical. Final Acceptance. Receipt of the cromhvWise, smices or equipment in response m this order can result in authorized payment on The pat of The City of Fort Collins, However. it is m be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required implication procedures. Freight Tents. Shipments must be F.O.B., City of Fun Collins, 700 Wood St, Fan Collim, CO 80522, unless otherwise spenifid on this order. If Permission is given to prepay freight and charge separately, the migial freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where monufnconers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to dectnatlon, and excess freight will be deducted limn Invoice when shipments are made from grater distance. 11. NONWAIVER. Failure of the Purchaser ro insist upon strict porfmmame of the terms and mtMinem hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify be Seller in the event of a French, e the acceptance ofor payment for goods hereunder or approval ofNe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchasers insist upon inner performance hector or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tern hermf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchmer recognize that in actual mommic practice, overcharges resulting farm antitrust violations art in fact home by the Purchaser. Therambee, for most cause ad as conideation for executing This purchase order, the Seller hereby assigns s the Purchaser any and all claims it may may, have or hereafter acquired under federal or smre asthma laws for such overcharges relating to, the Wniculm goods or'entices purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dote to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicate its inability or unwillingness to comply, the Purchaser 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. Seller shall procure in sellers to eat all naessary permits, ceNfmtes and liansm required by all applicable Imes, regulations, ordinances and roles of the state, municipality, territory or political subdivision when the work is performed, or requird by any other duly constituted public authority hasingjuriWiction over the work of randin. Seller further agrees to hold the City of Ton Coll,- harmless from and againt all liability mad loss incurred by them by reason of an mimed or estamieard violmion of any such bws, regulation, ordinances, rates and requiremenB. 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 teams and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different team and condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot rake complete shipment to arrive on your promisd delivery date as noted Time is of the essence. Delivery and pert once must be effected within the lime stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without frontline, acceptance ofpanial Imo dolooria, shall aperme as a waiver of this provision. In the event of any delay, the Purchnea shall have, in addition to other legal and crumble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foresecable which are beyond its reasonable control and without its fault of negligence, such acts ofGcd, aces of civil or military mnhorities, governmental priorities, Gres, strikes, Bond, epidemics, wars or ,airs provided that notice of the conditions causing such delay is given to the Purchaser within five (5) slays of the time when the Seller Gm received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal m the time actually lost by reason of The delay. 3. WARRANTY. The Seller wa crom than, all goods, articles, materials and work covered by This order will conform with applicable drawings, specification, smrryles and., other description Rican, will be fit for The purymn intended, and Performed with be highest degree of can and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmlea from any loss, damage or expene which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make Food. wilhom cos, to be purchaser, any defects or faults arising within one (1) ya, or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of cceptana of the goods famished hereunder (aaceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishd by the Seller. Acceptance or me of goads by the Purchaser shall not constitute a waiver of any claim under this symmetry. Except as otherwise provided in This purchase .,do,. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties in ..am, but such liability shall in no ave. include Ins ofpmrta 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 temp by wamm change order. 5. CHANGES 1N COMMERCIAL TERMS. The Purchaser may make any changes to the tents, be, Nan legal terms, including additions Io or deletions from ilia quantities originally ordered in the specifications or drawings, by verbal or unclear change order. If any such ch:mgc officers the amount due in rthtrue e ofpefformmlo ce omadm m an equitable adjustment shall be ode. 6.TERMMATIONS. The Purchaser may at any time by written change Tom, terminate this agreement as to any or all potions of the goods then not shipped, subject to any equitable adjustment between the ponies in to any work or materials then in Progress provided that the Purchaser dull not be liable for my claims for anticipated prof. on the umompletd Portion of the Hoods ardor wink, for imidenW or come,m ntial damages, and that on such adjustment ba made in favor of the Seller with imposer to any goods which are the Sellers stembrd stork. No such fornication shall relieve the retchmer or the Seller ofany o d eir astronauts as to my goods delivered hereunder. Y. CLAIMS FOR ADXSTMENT. Any claim for adjustment must be interest within thirty (30) days from the data The change or mrmication is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants But all goom 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 docmmmts, as may be required to offer or evidence compliance. All laws and regulation acquittal m be incoupoam in agreements of this chaacsef art bereby incorporated herein by this reference. The Seller egrem to indemnify and Mld the Purchaser burden from all corn said damages suffered by Ne Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, Transfer, or mnvey This order, or any monies due or in become due hereunder without the prior wrnen consent ofthe other parry. 10. 111'LE. The Seller warrants full, clear and Transmuted title to the Purchaser for all equipment, materials, and items famished in performance of Nis agreement, free and clear of any and all liens, rmNnlom, reservation, security interest rncumbances and claims of orders. The Seller shall ¢lease the Purchaser and its mmrucmrs of any net from all liability and claims of any nature resulting farm the performance afauch work. This rectum shall apply even in the event of fault of negligence of Ne pram rebound and shall extend to the crawlers, officers and employees ofnch party. The Sellers commercial obligation, including warranty, shall not be domed to be reduced, in any way, became such work is perfomied or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchner from any and all claim for infringement by reason of the me of such Excited design, device, material or process in connection with the comoun, ad shall indemnify the Purchaser for any coot, 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 cam said equipment, or any pan thereof or the intended me of the good, is in such suit held to co atitute infringement sand the are of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either parcum for the Pmrchaser the right to continue using said equipment or pans, replace the same with substantially equal bar incriminating equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or handicraft, make an assignment for the bereft of creditors, appoint a rcms or ttee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Pur chaser without liability. 16. GOVERNING LAW. The definition atoo. used or the interpretation of the agreement and the rights of all patio hereunder shall be conwed ender and governed by the laws ofthe State afC.Imedo, USA. The following Additional Condtions apply only in eases where be Seller is to perform work hereunder, including the services of Sellers Represemmrrve(e), on the promises of orders. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in rase 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 s the satisfaction of the Purchner. When materials and equipment are fumishd by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the sim and become responsible Therefor as Though such materials and/or equipment were being firmishd by the Seller ender the order. 18, INSURANCE. The Seller shall, at his own expense, provide for The payment crusaders compereLion, including accupeoioal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their depenAem in accordance with the laws of the state in which The work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commetual and automobile public liability insurance with bo ily mury and death limits of at least E300,000 for any one person, $500,000 for any one cement and property damage limit per accident of $400,000. The Seller shall likewise rryoire his contractors, it any, to provide for such carbonation and insurance. Before any of the Sellers or his contacmrs employees shall do any work upon The premises of orders, the Seller shall furnish The Purchaser with a certificate but such compensation and insurance have been provided. Such marif voca shall speeify the date when such comminution and comomme have been provided. Such confliction shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be commaiad until after the entire work is completed curd acrep,d. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller bertby assumn the entire responsibility, and liability for any and all damaga loss or injury of any kind or name whosoever to persons or property caused by or insulting from 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 or all of the Puctners 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 property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default oa the pan of the Seller, any of his automation, or my of the Sellers or contractors; officers, agents or employees. In case any suit or other proceedings shall be brought again, the Purchaser, in its officers, agents or employees at any time on combat or by reason of any an, action, neglect, omission or default of the Seller of my of his contractors or any of its or Their officers, agents or employees as aforesaid, the Seller Mreby agrees to assmne the defense Nertof aM To defend the same al the Sellers own ceramic, to pay any and all costs, charges, anomeys fees and other expenses my and all judgments that may be incurred by or obtained against The Rerchser or any of its or shear officers, agents or employees to such suits or other proadimp. and in case judgment or other him be placed upon or obtained against be propertry of the Purchaser, or said panics in or as a caul, of such suits or other proceedings, the Seller will at once cruse the scone to be dissolved and discharged by giving hand in otherwise. The Seller and his contractors shall coke all safety precaution, famish and install all guxds necessary for she prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, to Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07Q014