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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3214186 (2)PO PURCHASE ORDER 321418er Page City of PURCHASE 3214186 t of 2 ' `t/ OI I Ins This number must appear V " on all invoices, packing sli s and labels. Date: 08/27/2014 1Y=17t 1101.11 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: 01/02/2014 Buyer: PAT JOHNSON 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. 2 Addendum to PO Light 8 Power 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 100,000.00 Total $100,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order TennS and Conditions Page 2 of 2 1. COMMERCIALDFTAILS. Tax exemptions. By mature the City of Fort Collins is exempt from sum and local toxic. Our Exemption Number is 11. NONWAIV ER. 98-04502. Federal Excise Tax Exemption Certificate of Registry P ugag 0589 is rtgigoo, with the Collator of Failure of the Pirehma to imisl upon strict performers¢ of the comes and conditions hareor. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sharma 1973, Chapter 39-26, 114 (a). exercise my rights or comedies provided Facia or by law, failure to promptly notify the Seller in the even of a breach, the amemati c ofor payment for goods hereunder or approval arrive design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification. either when shipped or due to detbco of any of me warranties at obligations of this purchase order and shall not be domed a waiver of any right of the damage in transit, may he reamed to you for moh, and ate not to be replaced except upon receipt of wnr.m purchaser to imist upon strict performance hemfor any of in rights or remedies as to any such goods, regatdless instructions from the City official Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser climate m a waiver of any of the mar, holsoction. GOODS art subject to the City effort Collins inspection on nnival. hereof Final Acceptance. Receipa of the merchandise, semica or yuipmomt in response as this order cart mord, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. malmriud payment oa the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in school economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Perchser. Theretofore, for good cause and or mosidemrion for executing this purchase order, the Seller hereby assigrss to the Purchaser any and all claims it may now have or brander Freight "ream. Shipmmnts corm be F.O.D., City of Fort Collins, 700 Wood St., ran Collins, CO 80522, unless acquired under falmal or staff mum u, laws for such overcharges relating to the particular goods or services mherwix specified on this color. if"nadmion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser portion to this purchase order. bil I must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance, Where manufacturers have dlstdburing points in various pars of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon bythe expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Scller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greate distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs asaiated with such work. Pesmim Seller shall procure at sellers to cost all necessary permits, certificates and lit. insured by all applicable laws, regulations, ordinances and ores of the more, municipality, tenitory or political subdivision where The Seller shall release the Purchaser and its conuacmrs of any net Gan all liability and claims of any natwc the work is perfnned, or required by any other duly constio ed public authority laving jurisdiction over me work resulting firm the performance of such work. of vendor. Selltt Rome, agrees to hold the City of Ton Collins hmmlecs firm and against all liability and lass ncurnd by them by comeam of on assured or established violation army such laws, regulation, radirmaim, cola This release shall apply even in the even of fact. of negligence of the Party released and shall extend 10 the and nyviremems, directors, ofc. mad employees of such pang. AUNorimtion. All panics to this contract s&ne that she representatives ere, in fact, boom fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purehose Order expressly limits mroloar a to the terms and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or incoryooted herein by reference. Any additional or dilTerent terms and conditions proposed by seller are objected to and hereby rme mell. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou amnm make complete shipment to active on you, promised delivery date as noted Time is of the morns. Delivery and performance must be effected within the time ,hand on me pmchnx order, and the documents attached hereto. No acis of the Purchaser incfding, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In she event army delay, the Purchaser shut 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 Seller shall net be liable for damages as a mash of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fins, strikes, Rood. epidemics, wars or riots provided mal notice of the conditions causing such delay is given to the Purchaser within five (5) days of me time when the Seller firm received knowledge thereof. In the event of any such delay, the dam of delivery shall W emended for the period equal to she time actually last by reason afthe delay. 3. WARRANTY. The Seller warrants that all good, articles, mmetials and work covcred by this order will mnfrsm with applicable drawings, sperificatiens, samples and/or other descriptions SAer, will be III for the purposes immdd, and performed with me highest degree of are and ampmence in accordance with accep.ed standard for wort: of a similar nature. The Seller agrees to hold the purerecor harmless from any Irma damage or expense which me Purchaser may suffer or incur on acmum of the Sellers breach ofsvarmnty. The Seller shall replace, repair or make good, without cast to the purchase, any defects or faults arising :rithin one (I) your or within such longer period of time as may be, premribed by law or by the terms of my applicable warranty provided by the Seller after the dare of acceptance of the good famished hereunder (armptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall no, onsaiarre a waiver of any claim under this warranty. Except as otherwise provided in this purchase ordm the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing woranties or gmountms, but such (lability shall in no event include loss of profits or loss of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal forms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal items, including addition to or deletions farm the quantities originally ordered in me specifications or drawings, by serWl or written change order. If any such change affects the amount due or me time ofperformaace hereunder, an corrigible almatmem shall he made. 6. TERMINATIONS. The Purchaser may at any time by woman change Orden, mrmirem miss agreemen, a m any or all portions of me goods then not shipped, subject to my equitable adjustment between me parties as to any work or mionals rem m progress provided that me Purchaser shall not he liable for my claims for anticipated profits on de uncompleted pa Lion of the goods andror weak, for incidental or constyuen.ial damage, and that no such adjustmrnt v made in favor of the Seller with respect to my goods which art me Sellers standard stock. No such monsinaboar shall relieve the Purchaser or me Sella crony ofineh obligations o to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty' (30) days farm the date me change or "—motion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and fumimsed in sme, compliance with all applicable laws and regulations as which the goods arc subject. The Seller shall execute and deliver such documents as may be required b officer or evidence compliance. All laws and regulations restored so he incorporated in agreements of this character are hereby incorporated herein by this reference. no Sella agrees to indemnify and hold the Purchaser harmless from 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, many monies due or to become due hereunder wimaut me Our wriuen reasmt of the orher parry. 10. TITLE. The Seller watmms full, clear and unrestricted tide to the Purchases for all equipment, mmeriah, and it. famished in perfomance of this agaro mal firm, and des, of any and all Item, Takla mum. resenmtiom, moriry mines' ancumbernca and claims arsonists. The Sellers contmetml obligations, including warranty, shall not he deemed to he reduced, in any way, lxeanse such work is performed or caused to he performed by the Purolator. 14. PATENTS. Whenever the Seller is required to use any design, device, material or praame covered by lave, paan,, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngemem by reason of the use of such patented design, device, material or process in concretion with the marine, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsmh iofngenent era any time during he prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said neipmem or pan is calcined, 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, replace the same with substantially equal bar noninfnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller doll biome insolvent or bankmp , make an assignment for the benefit of creditors, appoint a roamer or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofternes used or the inferpro mion of the agreement and the rights ofull panics herennaer shall be, consuued under and govmed by the laws oftlav Sam afColoado. USA. The following Additional Conditions apply only in cases s whore me Serer is a perform work hereunder, mingling the urvices of Sellers Romemntarivm(s), on the pmn6es of mlers. 12. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is Polly completed and accepted, tad shall, necase of any accident, destruction or injury to the work candor materials before Sellers final completion and ntance, complete the work at Sellers own expense and to the satisfaction of the Purchamr. When materials and ty.ipment are famished by others for installmeas or erection by the Seller, the Seller shall receive, unload, ,lore and handle same at the site and became responsible there!, as though such formula am9or 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 Imago. to its employees employed on or in connection with the work coverer by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be, done. The Seller shall also carry comprehensive found liability including, but not limited to, contractual and automobile public liability mouraince with bW ily injury and death limits afar least 530g000 for any one person. SNan." for any one accident and property damage limit per accident of S400,000. The Seller shall likewise inquire his antramss, if any, to previ,te for such compeaation and insurance. Before any of the Sellers or his cormorants employecs shall do any work upon me premises of others, me Scller shall famish the Porringer with a conificam dot such compensation and insurance hove been provided. Such ecrufates shall specify the date whom such compensation and insurance have been provided. Such mnificata shall specify Ore date when such compewtion and assurance expires. The Seller agrees that such compensation and insurance shall be mointaimd until after the entire w'mk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ammo the main, responsibility and liability for any and all damage, loss m injury of any kind or .,am whosoever an pmrsens or pfoperty comes! by or raul ing form me execution of me 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 from and against any and all claims, losses, damages, charges or expenses, whether darter or indirau, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or defult on the part of the Seller, may of his contractors, or any of the Sellers or contractors officers, agents or employees. In cam any suit or other proceedings shall be brought against the Purchase, 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, me Seller hereby agrees to assume the defense thereof sad as defend to same at Sellers awn expense, in pay my and all costs, charges, attorneys fees and other expenses, any and all jadgmrnts that may he Inured by or .homed tisins, me purchaser or any of its or their atticers, agents Or employees in such suits or other proceedings, and m came judgment or other lien he placed upon or obmined against me property of thc Purchamr, or said parties in or as a fault of such suits or other proceedings, me Seller will in once cans, the mine to be dissolved and discharged by giving bond of oherwise. The Seller snd his contractors shall take all safety processions, finish and install all guards necessary for me rimantim of accidents, comply with all laws and regulatinm wire regard to safety including, but without limitation, me Oecupatioml Safety and Health Act of 1970 and all cola and regulations issued pursoam thereto. Revised 072014