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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3215366PO PURCHASE ORDER 321536er Page C117/ of PURCHASE 3215366 t of z ' `t Collins Ins This number must appear ` v ` on all invoices, packing slips and labels. Date: 01/16/2015 Vendor: 497786 Ship To: ELECTRIC 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: 01/16/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Sand and Water 1 LOT LS 120,000.00 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.wnn Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'fertns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemption, By salute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number as 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Sol 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REIECfED due to failure to meet sped fiestiom, either when shipped or due 10 defects of damage in marsh, may be named W you for credit and are not to be replaced except upon receipt of winir imwctions from %c City of Fan Collins. Inspection. GOODS arc subject to the City of Pon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in auffa irM payment on rate pan of the City of Fan Collins. However, it is to be uMerstood that FINAL ACCEPTANCE is deperrdenl upon complationof all applicable required i.pection procedures. Freight Terms. Shipments most h ROB., City of Fan Collins, 200 Wood St., Fan Collins, CO 80522. unless otherwise specified on this order. Ifpermissio s is given to prepay freight and charge separately, the original frtigbt bill most accompany invoice. Additional chairman for making will not be accepted. Shipment Distance. Where manufacturers have distributing points in serious parts of the country, shipment is cxpaaed from the a., dimpooton Point to destination, curd excess freight will be deducted from Invoice when shipments are made from greater dlsanee. Permits. Seller shall pracum at sellers sole cart all necessary permits, cenifentes and licareses required by all applicable laws, regulations, on irarae and toles of the state, municipality, territory. political subsinisi.n where she work is performed, or acquired by any other duly constituted public authority havingjudsdlction Over toe work of vendor. Seller further agrees so hold the City of Fort Collings hmnl. from and agaitwt all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulation, Ordinances, toles and requitetrrents. Authorization. All parties W this contract agree that the representatives are, in fact, bona fide and possess full and ..plate authority to bind said pones. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mums and conditions stated herein act fuM and any mi plemmary or adni... I terms wool conditions annexed hereto or maturational herein by reference. Any additional or different terms and co rdhions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou award make complete shipment W arrive on your promised delivery doe as noted. Time is afire essence. Delivery and m,(..a. must be effected within the time stated on the purchase order and the documents matched hands. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the rem ofany delay, the Purloiner skill hive, in addition to other legal and cquiable remedies, the option of placing this caber elsewhere and holding the Seller liable for damages. Ihowever, the Seller shall not be liable for damages M a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligencs, such acts of God, acts of civil or military authorities, governmental priorities, Ores, strikes, Build, epidemics, wars or riots provided that notice ilf the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fen received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason afthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will corrosion with applicable drawings, specifications, samples .miter other demriptions given, will be fit for the purposes intended, and performed with the highest degree of care and countenance 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 goal, without cost In the purchase,, any defects. faults raising within one (1) year or within such longer period of time M may be prescribed by law or by the more; of any applicable warranty provided by the Seller after the date of acceptance of die good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of good by the Purchaser shall not ilnsti.te a waiver of any claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of Wifiss 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 roc legal recurs by wrinen change aide, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal on—. including additions to or deletions from me quantities originally ordered in me specifications or drawings, by veNal Or change order. If any such change aRects the amount due or the time of performance hereunder, an equitable adjustment shall IN made. 6. TERMRJATIONS. The Purchaser may m any time by retitle. change order, terminate this agrernrcnt as to nay or all portions of me goods risen not shipped, subject to any equitable adjustment betwem the panics as to my work or materials then in progress Provided Wert the Pwchsser shall not be liable fen any claims for anticipated profits m the uncompleted portion of me good ankor work, for incidental in consequential damages, and then o such ad3nslmm, be made in favor of the Seller with respect in any good which we the Sellers standard! stock. No such termination shall relieve the Purchaser in the Sella army allow obligations Men any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be rest within Wiry (30) days from the date the change or termination is ordered. R COMPLIANCE WITH LA W. The Seller warrants chat all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws anal regulations to which the good are subject. The Seller shall execo, and deliver such documents as may be required to affect or eviderae compliance. All laws and regulations required to be incorporated or agreements of this character are hreby incoryomted herein by this reference. The Sella agram to indemnify aM hold die Purchaser harmless from all everts and damages suffered by the Purchaser as a result of the Sellers failure M comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wine. Co.., of she other Entry. 10. TITLE. The Seller warrants full, clew and unrestricted title in the Purchaer for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all diem, rasuictiom, reservations, security interest encumbrances and claims.!.hers. 11. NONWAIVER. Failure of the Purchaser to insist upon shoat perfarmance of the terms and conditions hereof, failure or delay to exerche any rights or remedies provided hereto or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval ofNe design, shall not resume the Seller of any of the uarmnties or obligations of this purchase order and shall rat he deemed a waiver of any right of the purchaser to insist upon sma performance hermfor any of its rights or remedies as to any such goods, regardless of when shipped, rearmed or accepted, M to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this provision, order by the Purchaser operate e a waiver of my of Ne terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharge resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause arid. coreidcmtion for executing this purchase order, the Seller hereby assigns or the Purchaser any and all claims it may raw have or hereafter acquired under federal .state antitrust laws for such overcharges relating on the reticular goods . services purchased or acquired by the Purchaser Pursuant I. this pueebnse order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pmchsser directs rise Seller to co met nammnforming or defective goods by a date to be agreed upon by the Purchaser and me Sella, and the Sella Nereafler indicates its inability. unwillingmss to comply, the Purchase may cause the work W be performed by the most expeditious mews available to it, and the Sella shall pay all costs associated with such work. The Sella shall reline the Purchaser oral der comments of any time from all liability and claims of any .tare resulting from the performance, ofsach work. This release shall apply even in the event of fault of negligence of the party released aM shall extend to the directors, affcers and employees ofsuch pity. The Sellars contractual obligations, including warranty, shall not be domed to be, reduced, in any way, because such work is performed or used W be performed by the Puchas<r. 14. PATENTS. Whenever the Seller is acquired to use any desip, device, material or process covered by Inner, patent, haderr ark or copyright, the Seller shall indemnify unit save harmless the purchaser from any and all claims for infringement by reason of the one of such patented design, device, material or proc<ss in connection with the contract, and shall indemnity the Purchase for any cast, expense or damage which it maybe obliged to pay by reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to continue infringement and the use of said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure far the Purchase the right to continue using said equipment or poa, replace the same with substantially equal but named -caging equipment, or modify ban it homes noninGrrging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, 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 Purchase without liability. 16. GOVERNING LAW. The definitions oftenu nsN or the interpretation fthe agreement and the rights of all parties hereunder shall be conducted under and governed by the laws ilfthe State of Colorado, USA. The following Additional Conditions apply only in exciii where the Seller is to perform work hereunder, including the services of Sellers Representative's), on thepmmime ofothers. 12. SELLERS RESPONSIBILITY. The Seller shall entry on said work at Sellars own risk until the same is fully completed and accepted, and shall, in se of my accidenS destruction or injury to the work maker materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When Mumma and equipment are furnished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and became responsible therefor m though such materials ankor equipment were being fmished by the Seller undo the order. IB. MSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed an or in connection with the work coverts by this purchase order, mkor to their depeMenrs in accordance with the laws of the sm4 in which me work is to he done. The Seller shall also carry, comprehensive general liability including, but not limited to, commercial and automobile public liability insurance with badily i Jury and death limits of at least S3.." far any one pagan, SS0k0W for any one accident ad property damage limit per accident of S400,000. The Sella shall likewise require his ontmetoa, irony. a provide ( such mmpe.atiou and insurance. Bef any ofNe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the pardoner with a certificate Out such wmperesadnn and insurance have been provided. Such certificates shall specify the date when such compensation sad harmonic have been provided. Such certificates shall sped the date when such compensation and i.urence expires. The Seller agrees that such compensation and insurance shall be maintained ..,it after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby scameneitere entire responsibility, and liabiliryfor my msd all damage. less or injury of any kirM in .cure whatseeser to persona or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection hemwid, The Seller will indemnify end hold harmless the Purchaser aM any or all of the Rrrchasers offceta, agents oral employees from aed against any aed add claims, losses, damages, charges or expenses, whether direct or imuml, and whether W permro or property to which the Purchaser may be put or subject by ancient of my act worst, neglect, omission or default on the pan of the Seller. my of has mntracmrs, in any of We Sellers or campareems .Ricers, agents or ployees. Ia cam my suit mother proceedings shall be brought against the putchaur, or its officers, agents or employees at my time m accowt or by reason of any act, action, naglmt omission or default of the Seller of my of his mntmctors or may of its or Neu offices, agents or employees as aforessid, the Seller hareby, agrees to assume the defense thereof and 10 defend the same at the Sellers own expense. to pay any aM all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or chained against the Purchaser. my of its or their ollicets, agents or employees in such .its or other Proceedings, and in case judgment or other lira be placed upon or obtained against the property ofthe Purchaser, or said pane in or as a result of such suits or oNcu proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond at otherwise. The Seller and his contractors shall take all safety p.cmtions, fiunish and im ill all guards naesvry for the prevention of accidents, comply with all laws and regulations with regard to salary including, but without limitation, the Occupational Safety and Healed Act of 1970 and all toles and regulations issued pursuant Rumors Revised OTR014