Loading...
HomeMy WebLinkAbout497766 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3214186PO PURCHASE ORDER 321418er Page C117/ of PURCHASE 3214186 + of z Flirt Collins Ms This number must appear !_\V`I ` V 1 1 on all invoices, packing sli s and labels. Date: 09/16/2014 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: 01/02/2014 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 3 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.mm 1 LOT LS 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 Terms and Cond'i ens Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By Same the City of Fon Collins is exempt f m sum and local taxes. Our Exemption Number is I I. NON WAIVER. 98-61502. Federal Excise Tax Exemption Cmifcate of Registry 84-60W587 is registered with the Collator of Failure of the Poindexter to moral upon strict performance of the a. atW conditions hereof, failure or delay, to Internal Revrnue. Denver. Colorado (Ref, Colorado Revised Statutes 1973. Chapter 39-26,114 (a). exercise coy iii or remedies provided herein or by law, Failure a promptly Manly the Seller in the evem of a breach. the acept. of or payment for Scods hereuaa or apramval off, deign, sbull not release the Seller of Goods Rejected. GOODS REJECTED doe 1. failure to meet specification, either when shipped or due to defects of any Of the visionaries or obligations Of his purchase order and shall not be dared a waiver of any ngm of the damage in mnsit, may be reamed to you for credit and are not to b, replaced except upon receipt of written Purchaser to inut upon strict performance hereofm any of its rights or remedies a to any such goods, regardless instructions from the City caffraft Collins. of when shipped, received or accepted, as to any prior or subsequent default baeundeq nor shall any purported oral modification or rescission of this purchase order by the Purchaser .,am, as a waiver of any of the terms Inspection. GOODS arc subjan to the City of Fan Collins inspection on 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 a practice, overcharges resulting from .room ACCEI'TANCEis dependemupon completion of allapplicable required inspectionprocedoes. violations ore in fact home by the Purchaser .Theretfirm nforr g.oil cause and as consideration for exceeding this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may naw have or hereafter Freight Terms. Shipments must be F.O.D., City of Flat Collins, 700 Wood SI., Full Collins, CO 80522, unless acquired under federal or state mallard 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 or acquired by the Purchaser pursuant o this purchase enter. bit mail accommnv invoice. Additional charees for motion will not be accepted. Shipment Distance. Where manufacrmers have dourbuting paints in va n pans of the country, shipment is expected from the nearest distribution point to dicamation, and excess freight will be deducted from Invoice when shipments arc made from greamr distance. Permits. Seller Shull procure at sellers sole cost all necessary permits, ttnibchas and bcarems required by all applicable laws, regulation, ordinncas as mles of the state, municipality, territory or political subdivision where the cued is performed, or required by any other duly vacationed public amhmiry having jurisdiction over the work of vendor. Seller further agrees to bold the City of Fort Collins harmless from and agaiml all liability and loss incurred by them by reason of m asserted or esublished violation of any such laws, regulations, on inances, roles and requirements. Authorization. All parries to this enchanter agree that the representatives art, in foot bon fide and possess full and complete cothmity to bind said pania. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein act funk and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any addammil or different terms and conditions propped by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery date as amid Time is of the essence. Delivery and performance must be affected within the time stated on the purchase order and the documents attached main. No acts of the Purchasers including, without limitation, acceptance of partial Ime deliveries, shall operate as a waiver of this provision. In fie event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing Nis order elmwhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages in a result ref delays due incomes not reasonably foreecable which are beyond its reaonble commi and without its fault of negligence. such acts of God, acts of civil or military authorities, govepmrnal Pnomim facts, strikes. Bond, epidemip, wars or riots provided that native of the co.data- Musing such delay is given M the Purduser within five (5) days of fe time when fie Seller lira received knowledge therm(. In the avem of any such delay, the data of delivery shall M extended for the period equal co the time actually last by raven of the delay. 3. WARRANTY. The Seller wamnu that all goods, articles, materials and work covered by this Omer will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance will accepted standards for work of a similar ramrc. The Seller agrees to hold the purchaser harmless from tiny lass, damage or expense which fie Purchaser ansaf er fer or incur ac on count of the Sellers breach of wnnrgnly. The Seller shall replace, repair or make good, without cost to the pa chaseq any defers or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the tears of any applicable werrnnty provided by the Seller after the Jae of acceptance of the goads fumiahed hereunder (acceptance eat to be unreasonably delayed), resuming from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by fie Purchaser shall not 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 damages proximately caused by the breach of any of the foregoing warranties or gnrmacs, but such liability shall in no event include lass of polls or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. lLe Pmebna may make changes to legal teens by uri.. change order. 5. CHANGES IN COMMERCIAL TERMS. The Puchaser may make any changes a the bran. Other than legal terra, including addition to or delctios, from the quantitio originally ordered in the specification, or drawings, by veNal Or n change order. If any such change affects the amount due or the time Ofperfomance hereunder, an equitable aduttment shall be made. 6. TERMINATIONS. The Particular may at any time by wrinen change order, terminate this agreement asto any or all Pomons of the goads then not shipped, subject to any imamle adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated probes on the uncompleted ,onion .lithe Goods and/., work, for vuidenml or consequential damage, and that rice such adjustment be made in to,., of the Seller with respect to any goods which are the Sellers samdml stack. NO such t,—motion shall relieve the Purchaser ar the Seller of my of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for militiaman t must be ausaned within tiny (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warn that all good sold hereunder shall have been produced, said, delivered and fttlrdshed 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, a miral to effect or evidence compliance. All laws and teguladon required to be ucorfomed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to irdemnify and hold die Purchaser hamdess from all rows and damages sufered by the Purchaser as a result of the Sellers failure to comply with such taw. 9. ASSIGNMENT. Neither pay shall assign, mnfeq or convey this other, or any monies due or to become due hereunder without the prior written <..cut of the other party. 10. TITLE,. The Seller warrants full, 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, resuichons, reservations, security interest encumbrances and claims of rollers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date m be agreed upon by the Purchaser and the Selleq and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhaur may cause the work to be performed by the moss espedltlous means mailable to it, and the Seller shall Pay all costs associated with such work. The Seller shall release the Purchamr and in contractors of any tier farm all liability and claims of any nature resulting from she pa fomana ofmch work. This film, shall apply even in the elect of fault of negligence of the party released and shall extend to fie direnors, officers and employees of such patty. The Sellers contractual obligations, including warranty, shall rim be, dared to be ordered, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whcncvcr the Seller is required cruse any design, device, material or process covered by letter, patent, mmemark or copyright, the Seller shall indemnify and save homleas the Purchaser from any and all claims for infringement by reason of fe use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In eau said equipment, or any pun therm( or the intended am of the goods, is in such suit held to contimm infringement and the are of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for fie Purchaser the right in continue Wing said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes uncharinging. I S. INSOLVENCY. If the Seller shall become inolvem or bamnupt, make an assigmnmt for the benefit of creditors, appoint a scream or frusta, for any of the Sellers property or business, this ardent may forthwith be canceled by the Purchaser withom liability. 16. GOVERNING LAW. Tha definitions of terms used or the felpletadion of the agreement and the rights of all Patties Imreunda shall be confined under and govem,d by the lava riffle Sam of Colorado, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Represenativa(s), on thecases premises of others. IZ SELLERS RESPONSIBILITY. The Seller shell carry an said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work amber materials before Sellefs final completion and im,apa ea. camplcte the work at Seller's riwm expenu and w the satisfaction of the Purchaser. When materials and equipment are nourished by others for installation or erection by the Seller, the Seller shall receive, Maloof store and handle same at are site and become responsible therefor as though such materials scraper equipment were ItF fished by the Seller order the Omer. 18, INSURANCE. The Seller dull, at his own expense, provide for the payment of workers mmpemation, including occupational disease benefits, to its employees employed on or in concoction with the work covered by this muchase order, WiVor to their dependents in acmmance with the laws of the sole in which the work is to be done. The Seller shall also Cary micom hire general liability including, but not limited fe, mntt rafted and automobile public liability insurance with badly injury and dead, limits of at leave DW,noO for any one weami SSORWO fw any One accident and property Jena, Emit per accident of 5400,000. The Seller shall likewise require his comments. if any, to provide for such comperesa6on and Mallorca. Defoe any of are Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser will a certiOMm that such c mpensannm and insurance have been provided. Such ceraficams shall specify the date when such compenntion and insurance have been provided. Such cenificmes shall specify the dam when such compensation and insurance expires. The Seller agreas that such compensation and harmarce shall be mainained mail amer the entire work is completed and accepted. 19. PROI'PC'I ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and Iizbll Iy for any and all damage, loss or injury of any kind or nature whatsoever to persons or property taped by or recalling farm the amiallion of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of file Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether dinar or iMirear, and whether to person or property to which the Proclaims may be put or subject by reason of my act, action, neglect, omission or default on fie pan of the Sella, any of his enactors, or any of the Sellers or contractors offcars, agents or employees. Inc my suit or ther proceedings shall be brought against are Purchaer, or its officers, agents or employees at any time on account or by reason of any am, action, neglat, omission Or default of the Seller of any of his or any of its or their obecer , agents or employees as of ssid, the Sever hereby agrees to assume die defense the,mf and to defend the vine in the Sellers pun expanse, to pay any and all costs, charges, alormys fees and ofe, expenses, any and all judgments chat may be incorrect by or obtained against the Purchaser or any of its or their obecem. agents or employes in such its or other proceedings, and in cam judgment or other lien be placed upon or obtained against fie property of the Purchaser, or said ponies in or n a result of such min or other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving bond or oferwim. The Seller and his contractors shall take all safety praaations, famish and install all guard necessary for fe prevention of accidents, comply will all laws and regulations with regard to safety including, but without limimmen. the Occupational Safely and Health Act of 1970 and at I roles and negotiations issued pursuant therea. Revised OLID14