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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3215110PO PURCHASE ORDER 321511er Page CI�/ of PURCHASE 3215110 + of z Flirt Collins This number must appear ,'`�—,J`-' on all invoices, packing sli s and labels. Date: 01/09/2015 1 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: 01/09/2015 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 2 2015 Blanket Order 1 LOT LS Utilities 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. 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 260,000.00 Total $260,000.00 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. COMMERCIAL DETAILS. Tax exemplars, By music the City of Fort Collins is exempt f since and local axed. Our Exemption Number is 11. NONWAIVER. 9g-04502. Fdeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of fie Purchaser W Miss upon strict pert of the trnns and conditions hereof failure n delay to Incest Revenue, Denver, Columbus (Raf Colorado Raised Sutures 1973, Chapter 39-26, 114 bid. exercise any rights or rcmdies provided herein or by law, failure to pmmp ly worry the Seller in the event of a bmuch, the M. ofor Payment for goods hereunder car appmsal of the design, shall not release the Seller of Goods Bejaia. GOODS REJECTED due in failure to meet specifications, either when shipped or due to defects of any of the wmmlies or obligations of this purchase order and shall sot be deemed is waiver of my right of the damage in mount, may be resumed to you for credit and are not to be replaced except upon receipt of wrimev purchaser to insist upon strict parliaments, hersu fro any of its rights or remain as to any such goods, segardleca interactions from the City affirm Collins. of when shipped, received or shaped, as to any prior or subsequent default hereuaWm, ter shall any flatfooted oral modification or rescission of this purchase order by the Purchaser opemm as a waiver of any of the terns Inspection. GOODS arc subject to the City of Fort Collin inspection on arrival. hereof. Final Acceptance. Rmcipt of the merchandise, services or equipmem in response to this older can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pad of the City of Fort Collins. However, it is tobe understood thatFINAL. Seller and the Proclaim recognize that in actual economic prectia. overcharges resulting from antitrust ACCEPTANCE: is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now have or hernfia Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr, Far Collins, CO 80522, unless acquired coder 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 fight and charge separately, the original freight purchased or acquired by the Provisions pursuant to this purchase oder. bil I most accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manndfies errs have distributing points in various pans of the country, shipment is If Me Purchaser directs the Seller m amect nomanforming or defective goods by a date W be agreed upon by the expected from the nearest distribution point a destimeion, and exress freight, will be dductd from Invoice when Purchaser and the Seller, and der Seller maunder indicates its inability or anwillingaess W comply, the Purchases shipments art made from greater disance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs momiata with such work. Permits. Seller shall pmcum at sellers sole cost all mummery permits, auditions; and licenses rtquira by all applicable laws, regulations, oldmanres and mla of the sate. municipality, territory or political subdivision where The Sella shall release the Purchancerit its wmracmrs of any tier from all liability and claims of any m am the work is pafored, or required by any other duly coretinned public authority having jurisdiction over the work resulting from the parformmee ofsuch words. of vendor. Seller further agrees to hold the City of Fort Collin harles from and against all liability and loss incurred by them by rtawn of an asscded or atablishd violation of any such laws, rundations, ordinance, roles This release shall apply on in the event of fault of negligence of the party released and shall extend to the and ramp menrs. directors, officers and employees of such party. Authorization. All parties to this contact agree that the representatives are, in fact, bona fide and possess full and The grilles command obligations, including warranty, shall not be doema to be reduced, in any way, because complete authority to bind said parties. such work is performed or caused to be perfumed by the Purchases. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the tams and conditions stated herein set Toth and any soPplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or different terms and conditions promised 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 pmmised delivery time as noted. Time is of the essence. Delivery and pert . must be eflecled within the time smtal on the purchase older and the documents attached here. No scs of the Purchawas including, without limitation, accepince of psdial late deliveries, shall opembe as a waiver of this provision. In the cant army delay, the Purchaser shall base, in addition to other legal and equitable remaita dce option of placing this olden elsewhere and holding the Seller liable fir damages. However, the Sella shall no, be liable for damages as a result of delays due m causes not reasonably foreseeable which art beyond its reasonable control and without its fault ofmgligeme, such acts of God, rats ofcivll or military authorities, govemmrnml priontics, fires, strikes, Rood, 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 Sella first reociva knowledge thereof In the event of any such delay, the date of delivery shall be extended far the period alual to the fine actually lost by rca s n ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this older will conform with applicable drawings, specifications, samples mNor other descriptions given, will be fit for the purpose intended, and performed with the highest degree of care and competence in accordance with accepted sandard for work of a similar nature. The Seller agrees to hold the purchaser harlexx from my loss, donrnge or expense which the Purchases may suffer or incur on account of the Sellers breach of oomanry. The Sella shall replace, repair or make good, without cast to the purchaser, my defects or faults arising within one (1) year or within such longer pond of time in may be prescribed by law or by the menu army applicable wamnry provided by the Seller after fie dam of acceptance of the good famished hereunder (acceptance not to be commensurably delayed), resulting from imperfect or defensive work done or materials fmishd by the Sella. Acnpame or use of good by fie Purchaser shall not cmmtiam a waiver of my claim under this womnty. Except as otherwise provides in this purchase under, Me Sellers liability haeunda shall extend to all damages proximately caused by the breach of any of fc foregoing warranties or guarantees, but such liability shall in an event include loss of prohu an 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 same, by woven change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal arms, including additinm to or deletions from 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 of performance hereunder, an amiable adjustment shall be made. 6. TERMINATIONS. The Paschall may at any time by written change order, rename this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjusment between the parties as to my work or materials then in progress provided that fie Pmcbasom shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods mNor work, for incidental or consequntial dariaga, and that no such adjustment be made in favor of the Sella with nurser to any gaud which are the Sellers standard stock. No such termination Shall reliax the Purchaser an fie Sella of my of rev obligations as to my good delivered berenda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjunmmt mat be assntd within thirty (30) days boom the dam the change or lervutin is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been Produced, sold, delivered and fumisha in shin compliance with ell applicable taus sit eegunlioas to which the goods arc subject The Sella shall execute and deliver such documents as may be raluired to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character ere hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Pmchaaa harmias from all costs and damages suffered by fie 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 in become due hereunder without the prior written convent ofthe other xv, 10. TITLE. The Sella wart fail. clsr and urmtrictd title m the Purchaur for all equipment armerialb, and items fumisha in performance of this agreement Ire and clear of my ad all liens, restrictions, resen-stions, s«vrity interest emembanees ad claims o f othem 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trade teak Or copyright, the Seller shall indemnify and save harlms the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, msserial or process in connection with the contend and shall indemnify the Purchases for any cost, expcme or damage which it may be obliged to pay by rwmn of such infdngemat at any time during the Inclusion or alter the completion of the work. In case said equipment or any pan thereof a the intends use of the goods, is f Much suit held an constitute infringement and the use of said equipment or pan is alloird, the Seller shall, at its own expense and at its option, citha procure for the Purchaser the right to assume using said equipment or pacts, replace the same with subsantially equal but noninfnnging equipment or Modify it sea it becomes immigrating. I$. INSOLVENCY. If the Sella shall become insolvent or bankmpt make an assignment for the benefit of creditors, vpprint a assiciver or unions, for my of the Sellers Family or businces, this older may forthwith be canceled by the Purehasa wifom liability. 16, GOVERNING LAW. The definitions ofoulm used or the interpretation of the agreement and the rights of all parties haeunda shall be onsimed under and governed by the laws ofthe State ofColaado, USA. The following Additional Conditions apply only in where the Seller is to Farmers work hereunder, including the services of Sellers Represenative(s), on Mecases prtmisa of ohers. IT. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Scllers own risk Mail tbe same is fully eompleted and accepted. mW shall, in case of sty acndeet destruction or injury to fie work andror maeri6 before Sellers final complain and acceptance, complete fie work at Sellers own expense arW to the substitution of the Purchased. When materials .it equipment are fumishd by others for insmllaim or erection by the Sella, the Series shall receive, unload, store and handle same at the site and become rev x snible Mazd as though such materials mWor equipment were beingf fished by the Sella coda the older. 18. INSURANCE. The Seller shall, at his own expense, provide for fie payment of workers compensation, including narrational disease benefits, an in employes employed on or in connection with fie work covered by this purchase order and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cony comprehensive general liability including, but an, limited to, contactual and automobile public liability imumnce with bodily injury and death limits of at tent $300,000 for any one person, S500,000 fur any one accident and property damage limit per accident of $400,000. The Sella shall likewise require his ommen., if any, to provide for such compensalm and insurance. Began, any, of the Sellers a his commences employes shall do my work arms the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and assurance have been provided. Such certf icata shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify Me 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 Sella hereby assumes fie entire responsibility and liability for any and all Manage, loss an injury ofany kind or nature whatsoever to pastors or properry coned by or reanhum from the execution of the work pmvided for in this purchase order an in comanire herewith. The Sella will indemnify and hold hamrless fie Purchased and try r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or induct and whether to persons or property to which the Purchaser may be put or subject by reason of any mL action, neglect. omission or default on the pan of fie Sella, my of his retractors, or my of the Sellers or contractors oRlcers, agents or employees. In Mass my suit or other proceedings shall be brought against fie Purchaser, or its officers, agents or employees at my time on account or by mason of any act, action, neglect, omission or default of the Sella of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees or assume the defense thereof mW to defend the some at the Sellers own expertise, to pay any and all costs, charges, marrags fees and other expetues, 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 properly offer Purchaser, or said parties in or as a result of inch suits or other proceedings, the Seller will at once cause the mace to be dissolved and discharged by giving band in otherwise. The Seller and his contractors shall take all safety praautiotss, fumuh and iasall all guards nachary for the prevention of accidents, comply with all laws anal regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of UOU and all mlcs and regulation issued personal therms. Revised (Ong 14