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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3215364PO PURCHASE ORDER 321536er Page CI�/ of PURCHASE 15364 t of 2 ' `tCollins( This number must appear V " J on all invoices, packing sli s and labels. Date: 0111612015 Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS CO 80521 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/16/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Slurry 1 LOT LS 220,000.00 Light 8 Power PER TERMS AND CONDITIONS OF BID 7195 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.00m 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Port Collins is exempt Wm state and local nixes. Our Exemption Number is 9"502_ Federal Excise Tax Exemption Car ifieam of Registry 84-6 X058y is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Slamtes 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 rammed to you for credit and are not to be replaced except upon receipt of wrinen instructions from the City of Fort Collins. Inspection. GOODS me subject to the City of Fort Collins inspection on Puri Final Acceptance. Receipt of the merchandise, services or equipment in reryomm to this Omer can result in authorized payment on the part of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fart Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accomnmv invoice. Additional chames for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made Rom an. discuss. Permits. Seller shall procure at sellers sale cost all necessary parent. conificaes and licenses required by all applicable laws, regulations, ordinances and Plea fthe smm, munitipahty, nonnuiry or political subdivision where the work is performed, or required by any other duly conducted public authority having jurisdiction over the work of vendor, Seller further agrees to held the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and ona minsen¢. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete vapory to bind said parties LIMITATIONOF TERMS. This Purchase Order, expressly limps ae,,tmce to the to. and eoudowns state herein set forth and any supplementary or additional terms and conditions Pointed] hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try. camtot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and re,fonnence most be effected within the time staled on the purchase order and the documents attached hereto. No or. of the Purchasers including, without Initiation, acceptance of partial late deliveries, stall operate m a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and ,unable remedies, the option of placing this order elsewhere and holding the Seller liable for damages Briscoe, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofneghgener, such acts of God, ac¢ ofcivil or military authorities, governmental finances, fires, strikes, flood, epidemics, wars or Pon 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 my such delay, the date of delivery shall be extended for the pond equal to the time actually lost by reamer or the delay. 3. WARRANTY. Ile Seller warrants that all goods, articles, materials and work covered by this order will confomt with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the puryos. intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar native. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pumbasu may sufferer incur on account of rho Sellers breach of warranty. The Seller shall replan, repair or make good, without cost to the pmchaaem any defects or faults arising within One (1) year or within such longer period of time as may be prescribed by law or by the is. or my applicable wWmdy provided by the Seller after the date of acceptance Of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from implored or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except n otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no want include loss 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 changes to legal terms by woven change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teens, other than legal rem¢, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change under. If any such change aHcets the amount doe or the time ofperformenec hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement ea to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or matenals then in progress provided that the Purchaser shall oat be, Gable for any claims for anticipated profits on the oocompleted portion of the goads 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 eve the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any offs eir obligations as to any goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dace the change or termination is colored. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in affair compliance with all applicable laws and regulations to which the goods are subject The Seller shall anew¢ and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser hmmlees from sll casts and damages mimed 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 he prior written content of the other party. 10. TITLE. The Seller wanacts full, cleat and maestrleted title to the Purchaser for all equipment, materials, and items Nmished in performance of this agreement, Be, and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exermsy rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breacheanthe acceptance of or payment for goods hereunder or approval ofthe deign, shall not release the Seller of any of the warranties or obligations of this parehaa, order and shall not be deemed a waiver of any right of the purchaser to insist upon strict pert u ance he viii'm any of its rights m remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, am shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of me terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state Wh m , laws for such overcharges relating to the particular goods or services 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 date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability Or unwillingness to comply, the pmrchaser 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. The Seller shall release the Purchaser and its contracmrs of any tin from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the puny released and shall extend to the directors, of rers and employees ofsuch puny. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such walk is performed or caused a beperfonned by the Purchaser. 14. PATENTS. Whenever the Seller w required to use noy design, device, material or process covered by lens, patent, trademark or copyright the Seller shall indemnify and save hatmins the Isrchmer from any and all claims for infnngemeed 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 m pay by reason of such infringement at any time during the prosecution or after the completion of the work. In tau said equipment, or any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either prowre for the Purchaser the right to continue using said equipment or pass, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noninfinging. 15. INSOLVENCY. If the Seller shall become insolvent or baNrmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith In, canceled by the Purchaan will a d liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation Office agreement and the rights are][ parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representatrojid, on the premises Prather, 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or binary to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the sansGetion of the Purchaser. When materials and quipment are finumbed by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such nu mnals and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment Of workers compensation, including occupational disease In nsfi¢, to its employees employed on or in connection with the work covered by this purchase order, andam to their depemlems in accordance with the laws of the state in which the work is to be dame. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance wish bodily injury and death limits of at boost Soxi,000 6r any one person, S50PpW for any one accident and property damage limit per accident of S400,000- The Seller shall likewise require his if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Finnish the Purchaser with a cenificale that such comp relation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ceftifirstes shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until char 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 of any 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 r all of the Purchasers officers, agents and employees Wm and against any and all claims, losses, damages, charges or expenses, whether them 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 part of the Seller, any of her contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the primmest, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys Tres 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 lire be placed upon or obtained against the property of the Purchase, m said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his coalmetors shall rake all safety precautions, Nmish and imsmll all guards necessary for the prevention of ecidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act Of 1970 and all rules and regulations issued maram thereto. Revised 0712014