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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3215365PO PURCHASE ORDER 321536er Page C117/1 of PURCHASE 3215365 ' of z t Collins Ins This number must appear v ` on all invoices, packing sli s and labels. Date: 01/16/2015 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 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Concrete/Miscellaneous 1 LOT LS Light & 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.com 15,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 WRMITOK4 -Ma arCa"R371 l r2[R7TIt36EEi Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from sate and Imal taxes. Our Exemption Number is 11. NONWAIVER. 9RH4502. Federal Excise Tex Exemption Certificate of Registry M-6000581 is mgisteted with the Collennr of Failure of the Purchaser to i aisl upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in de event of a breach, the mcep,ance arm payment for gaud hemunde or approwl of the design, shall not release me Seller of Good Rejected GOODS REIEC"PED due to failure to men specifications, either when shipped or due to defects of any of me warrantyt. or obligations of this purchase under and shall roc be deemed a waiver of any right of me damage in Intuit, may he normal to you for credit and are not to be aphorist except upon receipt of written parrhasau to insist upon stria perfomtance hate fro any of its rights or ternediea as to any such goods, regardless instructions from the City ofFart Collin. of when shipped, received or accepted, as to any prior or subsequent default hemmWer,,mr, shall any purported card! momfcation or rescission of this purchase order by the Purchaser operate as a waiver of my of the mars Inspection. GOODS see subject to the City of Fan Collins inpecton on arrival. hereof. Fine! Acceptance. Receipt of the merchandise, service, or quipmatt in response to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of de City of Fan Collins. However, it is to be understood that FINAL Seller and me Purchaser recognize Nat in actual economic practice, ovemhages resulting Mom arrtivat ACCEPTANCE is dependant area completion of all applicable required inspection procedures. violations are in fact Same by rice Purchaser. Theretofore, for good cause and in consideration f executing Ws purchase oMe,, me Seller hereby assigns to the Purchaser soy and all claims it may now have or horeafter Freight Tom,. Shipments most be F.O.B., City of Fan Collins, 900 Wood St, Fan Collins, CO 80522. unless acquired under federal or sate antiwst laws for such overcharges relating to me poniculm goods or scr.ices otherwise specified oa this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuanno this puahaw order. bill must accompany invoice. Additional charges forpacking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing Points in varions pans of the country, shipment is If the Purchaser directs me Seller to cored nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to dalmatian, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller Mortimer indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. any cause the work to be perfomtM by the most expeditious means available m it, sad the Seller shall pay all costs associated with such work. Permits Seller shall procure at sellers sale cost all necessary permits, certificates and licenses terminal by all applicable laws, regulations, ordinances and roles of the slate, municipality, territory or political subdivision where the work is perforated, or captain by any other dnly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authemation. All parties to this contract agree that he rurprownepivm arc, in fact, bow Fide and poaess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits receptarme to the terra and condition stated herein set bath and any supplementary art additional terns and condition amexed hero or incmpomn had. by reference. Any additional or diRerenuem¢ and conditions proposed by will, am objected to and hereby rejmed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hynes comot make complete shipment to arrive on your promised delivery dam as noted. Time is ofthe essrnce. Delivery and performance most be effected within the time stated an the purchase order and the dacummt attached herem. No acts of the Purohasers including, without limimtion, acceptance i f ponial late deliveries, shall opomle an, is waive, of this Provision. In the event of any delay, the Particular shall have, in addition to other legal and a,mm a remedies the option ofplacing this order elsewfiere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages a a result of delays due to causes not ..My foreseeable which are beyond its reamwble control and without its fault of negligence. sack acts of God, acts of civil or military authorities, govemmenal priorities fires, stakes, Most epidemics, wars or riots provided that notice of the conditions coming such delay is given to me Purchaser within five (5) days of the time when the Seller first received knowledge the,rnf. In the event of any such delay, the data of delivery shall be extended far the period qua! to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all grids ertlet., materials and work covered by this order will common with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfomted with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer peal of time is may be prescribed by law or by the terms ofany applicable common, provided by the Seller after the dam of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), ,nulling from imperfect or defective work done or materials furnished by the Seller. Acceptance or tau of goods by me Purchaser shall nut constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all Manages proximately caused by the breach of any of the foregoing wartanties or gximantces, but such liability shall in not event include loss of preft m 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 toms; by women change under. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the nerve:. other than legal terms, including additions to or dections from the quantities originally ordered in me specifications eir dmwings, by venal art sea.- change coca If any such change affect the amount due or the time ofpci fomunce hereunder, an quitable adjntmcot shall be made. &TERMINATIONS. The Pumhaer may i t any into by written change order, berminam this agreement as o any or all pmoom crib. good then not shipped, sublet to any equitable adjustment between the parties as to any work art nuts s then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncomplead portion cribs goods mal 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 me Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of then, obli,airn, as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within thirty (30) days from the date the change or lamination is andar . 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulation to which me goad are subject. The Seller shall execute and deliver such document as may be mquircd to effect ft evidence compliance. All laws and regulations,quired to be incorporeal in agreements of his character art hereby incorporated herein by 0ds tolerates. The Seller agrees to indemnify and bald the Purchaser harmles from all costs and damages suRcmd by the Purchaser as, a result of the Sellers failure o comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmnfer, in convey this order, or any monies due or to became due hereunder without the prior written compact of the omer parry. Ica. TITLE. The Seller warrant full, clan and unrmarical tide to de Purchaser fro all quipment, materiels, and nauxfi fished in performance of this agreement, face and clear of any arm all liens, restrictions. rations, security interest mcumbmn etand claims oroders. The Seller shall release the Purchaser and its contractors of any for from all liability and claims of any nature resulting from the performance of such work. This follow shall apply even in the event of fault of negligence of the party released and shall extend to the Maccoms, aMo. and employees of such may. The Seller's contactual obligation, including warranty, shall not be deemed to be reduced, in any way, because such work is aformed or caused to be ponfamtN by the Purchaser. 14. PATENTS. Whenever tlm Seller is rqui,n to me any design, device, m verial at process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser tram any and all claims fro infringement by rexmn of the use of such pmmted design, device material or proms in emnwemin with the contmL and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged th pay by reawn ofsuch infringement in any am during the pmsccution or after the completion of the work. In case said quipment, or any pan thereof art the iorended use of the good, is in such suit held to constihae infirm cram and the use of said quipment or pan is enjoined, the Seller shall, in its own expense end at its option, either procure for the Purchaser the right to an.. using said quipmatl or parts, replace the some with substantially Waal but noninfringing quipment, or modify it w it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become inolecon or bankrupt, 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 be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions interns uses or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and gevemed by me laws of the State of Culmado, USA. The following Additional Conditions apply only in cases where the Seller is to perdnm work hereunder, including the services of Sellers Representative(s), on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Seller's awn risk until the same is fully completed and accepted, cad shall, in case of my accident, destruction in injury to the work out mmeriaB bet Seller's final completion and acceptance, complete the work at Selia's own expense arm to the saiafaction of the Pumhaxr. When materials and quipment are Marshall by others for instillation or erection by the Seller, the Seller shall receive, afraid, atom and handle some at me site and become responsible thereto, as though such materials probe, quipment were being famished by me Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with use work eavcred by this purchase order, arelfor to their dependents in accordance with the laws of me state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, coao actwl and automobile public liability insurance with bodily injury and death limits of at least S300,0.0 for my one person, SSoo,OW for any one accident and property damage limit per accident of S40Q000. The Seller shall likewise require his contractors, if any, to provide for such comperaaaion and instance. Before my of me Sellers or his contactors employees shall do any work upon he premises of orders, the Seller shall famish he Purchases win a mnificam that such compensation and announce have been provided. Such comficates shall specify the date whin such compensation and insurance have been provided. Such certificates shall specify me date when such compenation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the nine important try and liability for my and all damage, lass or injury crony kind or nature whatsoever to Persons or property caused by or resulting from the execution ofthe work provided for in this purchase under or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and any r all of the Purchasers offcan, 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 subjet by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors, on any of me Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or in officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of me Seller of any of his contactors m arty of its or men officers, agents or employees as afoeau id, the Seller hereby agrees to asswrm me defense der of and to defend me same art the Sellers own experar, to pay any and all casts, tarragon, a ari fees and omer expenses, any and all judgments that may be inured by or obtained against the Purchaser or any of its or their officers, agents in employees in such suits or other preendirip, and in now judgment or offer Has be pfced upon or obtained itfirst the property of the Purchaser, or said parties if or as a result ofsuch shim or oiler proceedings, the Seller will at once coup, the same to be dissolved and discharged by giving bond in otherwise. The Seller and his mmtacors shall rake all safety pr«autimes, famish and install all guards necessary fro the pmenfon of accidents, comply with all laws and populations with regard to sffiry includng, but without Insurance, me Occupational Safety and Health Act of 19]0 and all calls and regulations issued pursuant thereon. Revised 07Qo14