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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3212307PURCHASE ORDER PO Number Page City of 3212307 1 of 2 Flirt Collins This number must appear .-\v`, ` on all invoices; packing slips and labels. Date: 01/26/2012 Vendor: 497786 Ship To: ELECTRIC UTILITIES MARTIN MARIETTA MATERIALS CITY OF FORT COLLINS 1800 N TAFT HILL RD 700 WOOD ST FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80521 Delivery Date: 01/25/2012 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 4 2012 Sand & Water $50.40/cy 1 LOT LS 70,000.00 Light & Power Total $70,000.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By state the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502, Federal Excise Tax Exemption Cenificate of Registry 94-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to matt specifications, either when shipped or due to defects of damage in transit may be rearmed to you for credit and are not to be replaced except neon receipt of written instmetono from the City effort Collins. Inspection. GOODS am subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Failme of the Purchaser to insist upon strict pafom trice of the terms and conditions hensof, failure or delay m exercise any rights or rcmalics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofihe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be dccmcd a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpnnal end modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 Pnrehascr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. 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 Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St.. Fen Collins, CO R0522, unless acquired under federal or state antitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Nuelmscr pursuant to this purchase order. bill most accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconPomring or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination. and cxcuxs freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. any euuse 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, cenificrics and licenses required by all applicable laws, regulations, ordinances and mles of the state. municipality, tcnitory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the avork of vendor. Sella further agmes to hold the City of Fort Collins harmless faro and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulmum" onlin.necs. piles and requircmcuts. Authorization. All panics to this contract agree that the representatives are, in fact bona tide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tcmts and conditions stated herein set forth and any supplementary or additional (emu and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed 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 promised delivery date as noted. Time is ofthe essence. Delivery and pMormance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries. shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence. such acts t G(M, acts ofeivil or military autheritics, govemmental priorities, fires, strikes, Bond, epidemics, mars or hots provided that notice of the conditions causing such delay is given to the Pumhascr within five (5) days ofthe time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery sholl be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrant that ail goods. articles, materials and work covered by this order will conform with applicable draavings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from any toss, damage err 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 (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wrimnty provided by the Seller aBcr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiaa ofany claim under this warranty. Except as otherwise povided 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 guaminces, but such liability shall in no cent include loss ofprofits or loss ofuse. 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to at deletions from the quantities originally ordered in the specifications or drawings, by verbal or wainen change order. If any such chance affect the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, to ninatc this agreement as to any or all portions of the goods then not shipped subject to any equitable adjustment bawxen the Parties as to any work or materials then in pnagresa provided that the Purchasc- shall ram be liable for any claims for anticipated pmfits on the uncompleted ponion ofthe goods and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goad which are the Sellers standard stock. No such termination shall relieve the Purchaseror the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days form the date the change or termination is ordered. 8. 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 goods are subject. The Seller shall execute and deliver such documents as may be required to effect or a'idance 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 hold the Purchaser harmless fmm all costs and damages suffered 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 the prior written consent ofthe other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfomtance of this agreement, free and clear of any and all liens, restrictions issa,ations, security interest encumbrances and claims of others. The Scllcr shall release the Pnrehascr and its contractors of any tier Rom all liability and claims of any nature resulting from the performance ofs ch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oficers and employees ofsuch party. The Sclla's contractual obligations. including wammy. shall not be domed to be reduced, in any way, beeausc such work is performed or caused to be performed bythe Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Icier, patent, trademark or copyright, the Seller shall indemnify and save homeless the Purchaser from any and all claims for infringement by reason of the use of such patented design, daice, material or process in connection with the contract. and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the pmscation or ana the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part 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 pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmsme for any of the Sellers pmpary or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmed Linda and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hercunda, including the.scniccs of Scllcrs Reprettnrativc(sL on the premiss ofothers. 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 Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Pnrehascr. When materials and equipment are furnished 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/or equipment were being furnished 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 benefits, to its employees employed no or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Inws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of rat least S300.000 for any one pco on. 5500,000 for any one accident and propcny damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any ofthe Scllcrs or his contractors employees shall do tiny work upon the premises ofrrthas. the Scllcr shall famish the Purchaser with a cenifieatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccnificates shallsspecify the dam when such compensation and insunncc expires. The Scllcr ngrccs that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asaumea the entire responsibility and liability for any and all damage loss or injury ofany kind a, ..hire whatsoever to persons or pmperty, caused by or resulting from the execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchaser officers. agents and employees from and against any and all claims, losses. damages, charges or expenses whether direct or indirect, and whether to persons or pmpcny to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors 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 at the Scllcrs own expense, to pay any and all costs, charges, attorney, fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchnscr 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 pmpcny ofthe Purelitua. or mid panics 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 contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all mlea and regulations issued pursuant thereto. Revised 03/2010