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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3212210City of a rt Collins Date: 01/23/2012 PURCHASE ORDER Vendor: 497786 MARTIN MARIETTA MATERIALS PO BOX 30013 RALEIGH North Carolina 27622-0013 PO Number Page 3212210 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 2012 Blanket Order Utilities C3. Oi'llA�-Q� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 1 LOT LS 175,000.00 Total $175,000.00 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 exemptions. By statute the City of Fen Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWA1VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchnscr to insist upon strict performance of the terns and conditions hereof. failure or ddav to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided hercin or by Ina, failure to promptly notify the Seller in the event of n breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goals Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warmunics or obligations of this purchase onEr and shall not he deemed a waivcr of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods. regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or .Subsequent default hereunder, nor shall any purported oral modification ar rescission of this purchase order by the Purchaser operate as n waiver of any of the tents Inspection. GOODS arc subject to the City of Fort Collins inspection an arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedums, violations are in fact borne by the Purchaser. Theretofore. for good cause and is consideration for executing this purchase order, the Seller hereby assigns to the Purchaser tiny and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wool St.. Pon Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or ocn'iccs otheroise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance Where manufacturers have distributing points in various pans of the century. shipment is If the Purchaser directs the Seller to cored nonconforming or defective goods by a date to be agreed upon by the expected fmm the neemst distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distorter. 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. Permits. Seller shall procure at Sellers sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Scllcr further agrees to hold the City of Fen Collins hrmless from aad against all liability and Ins, incurred by them by reason of an asserted or established vinlation of any such laws, regulating, ordinances mlcs and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona ride and posscc full and complete authority to bind slid panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated hercin set firth and any supplcmerary or additional terms and conditions annexed h recto or incorporated herein by reference. Any additional or different terms and conditions proposed byxcller, arc objected found hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he cffcacd within the time stated on the purchase order and the documents attached hereto. No acts of the Purehnvers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Ptt.haser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably forcttcable which are beyond its reasonable con"I and without its fault of negligence. such acts ofGod. acts of civil or military authorities. governmental priorities, fires, strikes, flood, epidemics. sears 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 Seller first received knowledge thereof. In the event of any such delay, the date of delivey shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller ..am that all goods articles, materials and work covered by this order will conform with applicable drawings, specifications samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted stnndnrds for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seiler shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pednd of time as may be prescribed by law or by the terms ofany applicable warranty pmvidcd by the Seiler after the date of acceptance ofthe good famished hereunder (acaeptance not to be unreasonably delayed). resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim undo this warranty. Except as otherwise presided in this purchase order, the Scllcrs liabiliy hereunder shall extend to all damages proximately caused by the breach affray ofthe foregoing worantics or guarantees, but such liability shall in no event include loss ofpmfits or Ions 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 terns by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmaings, by verbal or vvrimen change order. If any such change affects the amount due or the time ofperfomrance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefts no the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered heramder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusment most be asscncd within thirty (30) days fmm the date the change or termination is morlemd. R. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to 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 indcmni(, and hold the Purchaser limit fmm all costs and damages suffered by the Purchnscr as a result of the Sellers failure to comply with such Inv. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the Prior written consent of the other party. 10. TITLE. The Seller warrants fall. clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all liens restrictions. resen-ations, twenrity interest encumbrances and claims of others. The Seller shall mlcase the Purchaser and its contractors of any her from all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olf rem and employees of such pony. The Scllet's contractual obligations, including warmnry, shall not be deemed to be rcducai, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. device, material or process covered by letter, patent, "remark or copyright, the Seiler shall indemnify and save hamftess the Purchaser firma any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the contact, and shall indcmni fry the Purchaser for any cast. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said cconpmcnl, or any part thereof or the intended use of the goods, 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 procure for the Purchaser the right to continue using said equipment or parts, rcpbace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt, nuke ran assignment for the bcocft of creditors, appoint a receiver or trustee for any of the Sellers pmperty ar business this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of tic agreement and the rights ofnll panics hereunder shall be consumed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the scn iccs of Scllcrs Representativc(s), on the premises of others. 17, SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Parchoser. When materials and equipment arc famished 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 materials and/err equipment were being Furnished by the Seller under the order. IS. INSURANCE. The Seller shall. at his own expense. provide for the payment of workers compcti atina, including occupational disen c benefits, to its employees employed on or in connection with the work covered by this purchrec order, and/or to their dependents in accordance mvith the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to. continental and automobile public liability insurance with bodily injury and dcmh limits ofan least S?o0,e00 for any nnc person, S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise rcquim his contactors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contmclum employees shall do any work upon the premises ofmhers, the Seller shall famish the Pllmhascr with a ccnificam that such compensation and insurance have been provided. Such ccrtificmcs shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation .ad insurance expires The Scllcr agrees that such compensation and insurance shall he maintained until ancr the entire is is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy assumes the entire renpunsihility and liability for any rid all damage, loss or injury of any kind or nature whalvxver In persons or property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hnmilcss the Purchaser and any or all of the Purchasers oRccm, 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 r subject by reason of any act, notion, neglect, omission or danult on the pan of the Seller, anv of his contractors, or any of the Sellers or eontractna officers, agents or employees, In case any suit or other proceedings shall be brought against the Purchaser, 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 any of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same rat the Sellers own expense, to pay any and all costs, charges. attorneys fees and other expenses, any and nil judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in rich suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will rat once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all goods accessury for the prevention of accidents, comply with all laws and mpilmions with regard to safety including, but without limitation, the Occupational Safetyand Health Act of 1970 and all ruts and regulations issued f a unint thereto. Revised 0312010