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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3214128 (3)PO PURCHASE ORDER 321412er Page C117f of PURCHASE 14128 ter z ' `F6rt Collinsr his number must packing V ` �7 on all Invoices, packing sli s and labels. Date: 1111912014 Vendor: 497786 Ship To: WATER UTILITIES MARTIN MARIETTA MATERIALS CITY OF FORT COLLINS 1800 N TAFT HILL RD 700 WOOD ST FORT COLLINS CO 80521 FORT COLLINS CO 80521 Delivery Date: 11/19/2014 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 Ordered UOM Unit Price Extended Price 3 Addendum to add funds 1 LOT LS 60,000.00 per req 48579 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 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 I. COMMERCLU,DEfAIIS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state aud lntal faze. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Ecorse Tax Exemption Certificate, of Registry 84-6000587 is registered with Me Collector of Failure of the Purdower to insist upon strict performmme of the mean and medians hereof, failure Or delay to Into=] Revenue, Denver, Colorado (Rd. Colorado Revised Sarum 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in Me event of a breach, the acceptance of or payment for goods hereunder, or approval offe design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure in meet specificmico s, either when shipped or due m defects of any of the warranties 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 are not to be replaced except upon receipt of written purchaser to insist upon strict performance haeofm any of its gdga or cement. is to any such goods, regardless instructions flown Me City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or macissi.n of Nis pumhau order by the Purchaser opera4 as a waiver of any of the terms Inspection. GOODS are subject M the City of Fan Collins inspection on arival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this ander an rain, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. f unctioGd payment on the part of the City of Fort Collins. However, if is to he understood Nat FINAL Sella arM thr Purchaser coamore Mat an actual etc is practice, remehafgas minting fmm —If., ACCEPTANCE is dependent upon completion if all applicable required impeclion procedum, violations are in fact home by Me purchases. Theromfom, for good auss and as runsideatioa for executing fis Purchase order, Me Sevier hereby assigns to Me Purchuer any and all claims it may now hale or hereafter Freight Term. Shipments mot be F O.D., City of Fact Collins, VW Wood St, Fon Collim, CO 80522. unless acquired under fnderal or slate antitrust laws for such overcharge relating to Me particular goods or services otherwise mention on this order. If pmnission is given to prepay freight and charge solemnity, Me original freight purchased a acquired by Me Purchaser pursuant to this purchase order. bill must accomnarty invoice. Additional charges for ondine will not be earned. Shipment Distona, Where manufacturers have distributing points in various pans of Me country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made boom greater distance. Permits. Seller skull procure at .11. If cos, all caraway, pennon, comfiram and It. required by all applicable laws, regulations, modifications end rates of the state, municipality, territory or political eabdivision when Me work is pert ed, or railroad by any other duly constituted public authority laving jurisdiction over the work of and., Sella fender agree to hold the City of Fort Collins hamdes fmm end a,muss, ell liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rules and caw ems. Authamation. All parties to this contract agree flat Me representatives arc, in fact, two fide and possess full and mnplete authority to bind said parties. LIMITATION OF TERMS. This Purchue Order expressly limos acceptance M the team and conditions stated herein ad forth and any supplementary or additional terms and conditions mnesal hereto or incorporated herein by reference. Any additional or different terra and condition proposed by sella are ajecad to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment M arrive on your promised delivery date as noted. Time is of Me ewnm. Delivery and performance most he effected within the time stand an the purchase order and Me dntmnens attached h noto. No acts of the Purchasers including, without limitation, asemptan« armorial tale deliverics, shall op ere, n a waiver of 0Ms Provision. In Me event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies,,he option of placing this order elsewhere and holding the Sella liable for damages However, Me Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its remonsble control and without its fault of negligence, mch acts of God, acts of civil or military authorities, govenunental priorities, fires, strikes, flood, epidemics, wars or riots provided Man notice of the conditions Gaming such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In Me event of any such delay, the date of delivery shall be extended for Me period equal to the time acMilly last by reason of the delay. 3. WARRANTY. The Sella warrava Mat all goods, articles, materials and work covered by Mis order will conform with applicable Meetings, specifications, samples andror other descriptions given, will be fit for the pumoses intended, and perfornal with the highest degree of are and competence in accordance with accepted standard far work of a similar narrow. The Sella agree to hold Me purchaser oarmles from any loss, damage or expense which the Toothsome may sulfa or incur on account of the Sellers breach of waramy. The Seller shall replace, repair or make goad, without cost to Me purchaser, any defects or faults raising within one (1) year or within such longer period of time as may be prescribed by law or by the tams army applicable warranty provided by the Seller her the data of acceptance of the good famished hereunder (acceptance not to be unrcasombly delayal), resulting from import t or defective work done or materials famished by Me Seller. Acceptance or use of goods by the Purchaser shall not .nsMmm a waiver of any claim under this warranty. Except as olheamae provided in this purchase order, the Sellers liability hdeander stall extend to all damages proximately award by the breach army arrive foregoing werrmnties or gonewhow, but such liability shall in no event include lass of profits 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 change to legal tenses by wrten change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchasemay make any changes to the hamth s, other an legal team, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects Me amount due or the time ofperfomamce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, tar iwte this agreement n many or all portions of the goods Men not shipped, subject to any equitable adjmtment between the parties as to any work or materials then in progress provided Mat Me Purchaser shall not be liable for any claims for anticipated profits on the ucoompletal portion of the goods aedsm work, for incidenal m consequential damages, and that no such adjustment be made in favor of the Sella wife raped to any good which we Me Sellers standard stork. No such lamination shall relieve the Freethinker or Me Seller of any oftheir obligations as to any goods delivered hereunder. q. CLAIMS FOR ADMSTMENT. Any claim for ad uctment must be asserted within Miay (30) days form the date the change or minammim is ordered. 8. COMPLIANCE WITH LAW. The Seller w meards that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations in which Me goods are subject The Seller shall execute and deliver such documents as may he required to effect m evidence compliance. All Loss and maximum required to he incorporated in agreements of this character sum hereby incorporated herein by this reference. The Sella agrees to indemnify and bold the Purchaser hmmles fmm all costs and damages suffered by Me Purchaser ss 0 molt of Me Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall usign, cormfer, or convey Mis order, or any monies due or to become due heremde, without the prior written consent of the other party. 10. TITLE. The Sella warrants full, clew and unrestricted title to Me Purcltaer for all equipment, materials, and items fumdahed in performance of this agreement, rof and clear of any mid all liens, mVldi.m, meterations, smriy interest eacumbrance and claims ofo hers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or detective goods by a date to be agreed upon by the purchaser and the Sella, and the Seller therefore, indicates its inability or unwillingness to comply. the Purchaser may cause no work to he perf.meal by Me ..at expeditious means available to it and Me Sella shall pay all costs mentioned with such work. The Sella dull release Me Purchaser and its contractors of any tin Boo all liability anal claims of any noon molting form Me pafcrman. of such work. This release shall apply even in Me event of fault of negligonce of to party, released mW shall extend in Me directors, olBcers, and employees of such parry. The Seller's contractual obligations, including warranty, shall not be dermal to be reduced, in any way, because such work is performed or caused m be performed by the Purchncr. 14. PATENTS. Whatever Me Seller is required m use any design, device, material or process covered by letter, patent, hademaak r copyright, the Seller shall indemnify and save harmless Me Purchaser from any and all claims for infnn,mand by mown of be sex of such palaccal design, device, material or process in correction with Me contract, and shall indemnify Me Pardoner for any rust, expense or damage which it may be obliged to pay by aeawn of such infngemem at any time during Me pmawution or area Me completion of Me work. In due said equipmenn, or any Pan Manor or the intended we of Me goods, is in such suit held to accurate infringamem and Me we of said equipment Or pm is cnj.ined, Me Seller shall, at its own expense and an its option, either procure for the Purchaser Me right to continue using said eqinpmem or pans, replace Me same with substantially equal but noninfrnging equipment, or modify it w it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trosme for any of Me Sellers property or liminess, this order may forthwith be canceled by Me Purchaser without liability. I& GOVERNING LAW. The definitions of arms used Or Me inrerprelatioa of the agrterrcnt and Me rights of all parries hereunder shall be camtmcd under and governed by Me laws office State ofColorndo, USA. The following Additional Conditions apply only in cases where Me Seller is to perform work hereunder, iaclu arig Me mrvites of Sellers Represenative(s), on Me premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sella s own risk Mail the some is Polly completed and accepted, and shall, in case of any accident, destruction or injury to Me work and/or materials before Sellers final completion and eceptance, complete the work m Seller's own expense and to the satisfaction of the Purchaser. When mmeriols and equipment art Mmished by others for installation or reaction by Me Seller, Me Seller shall receive, whom, store and handle same at Me site and became responsible thereto for though such materials awl equipment were being fu W by the Seller coda Me order. 18. INSURANCE. The Seller shall, al his own rxpare, provide for the payment of workers compensation, including occupanoeW disease benefits, to its employees employed on or in cmirecrion with Me wok covered by this purchase order, author to their dependents in accmdance wind the laws of Me sale in which Me 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 least S300,00o for any one person, S500,000 for any one accident and mercury damage limit per accident of $400,000. The Seller shall likewise require his formation, if any, to provide for such compensation and insurance. Before any of the Sellers or his connectors employees shall do any work upon Me premiers Of.Mors, Me Seller shall frrous fe Purchnrr, with a comficale Mat such compensation and insurance have been provided. Such certificate shall specify the date when sach computation and insurance have been provided. Such cenifiates shell specify Me date when such cmnpemation and msuaace expires . The Sella agrees Mat such compensation and immance shall be maiaainal until after Me entire weak u completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby as ex the from mpomibility and liability for any and all damage, loss we injury of any kind r nature whatmever to peemm or property caused by or resulting from Me execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hasoness Me Purthmer and any r all of the Purchaseofficers, agents and employees Tom and against any and all claims, ]uses, damages, cPurchasers officers, cr expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put a subject by reason of any act, action, neglect, omission a default on Me pan of the Seller, any of his contractors, or any of Me Sellers or contractors officers, agents or employees. In case any suit or afar proceedings shall be brought against Me Purchaser, or its officers, agents or employers at any time on account or by reason of any act, action, neglect, omission or default of Me Sella of any of his contractors or any of its m Meit officers, agents or employees as aforesaid the Seller hereby agrees ro assume the defense thereof and to defend the same at the Sellers own expense, so pay any and all emu, chaages, anomeys fen wall other expenses, any and all judgments Mat may he inartal by or obtained against she Purchaser or my of its or their officers, agents or employees in such suits or other pmceedhtgs, and in cue judgment or other lion be placed upon or obtained signor the property of fee Pmchua, or said ponies in or as a fault of such suits or other proceedings, Me Seller will at once auze the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and iutall 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 Hentr Act of imp and all mles and regulationsivicadpormand therno. Revised OTl2014