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HomeMy WebLinkAbout497766 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3214187Fort Collins Date: 09/16/2014 PURCHASE ORDER Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS CO 80521 PO Number Page 3214187 1of2 This number must appear on all invoices, packing sli s and labels. 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 1 LOT LS 60,000.00 Light R Power Total $60,000.00 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@fogov.00m 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 Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of F'on Collins is exempt fmm suite and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goofs Rejated. GOODS REJECTED due to failure to meet sp=fficanlma, either when shipped or due W defects of damage in transit, may be rdumed to You for credo and are nor to be replaced except neon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on moral. Fired Acceptance. Receipt of the merchaedise, services or ryair. m response in this order a ..It in authorized paYmcnt on the gran of the City of run Collins. However, it is m be understand then FINAL ACCEPTANCE is dependent upon completion ouH applicable caquired inspection procedures. Freight Terms. Ship.. must be F.O.B., City of Pon Collins, 700 Wood St, Fort Collins, CO 80522. unless otherwise specified on this under. If pemission is given to prepay freight and charge separately, the original freight bill must accompany imroice. Additional charges far lacking will =1 he accepted. Shipment Distance. Where manufacturers have distributing points in various, part of the country, shipment is expected fmm the mareal distribution point to datinmion, am excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sate, municipality, territory or political subdirision where den work is performed, or required by any Other duly cautioned public amhoriry havhtgjmsdord on over the work or vendor Seller further agrees to hoed the City of Fort Collins harmless from and against all liability and loss incurred by them by reason or an asserted or established violation Of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this c.mmcl agree that the representatives are, in fact, bona fide and possess full and complete authority to band said parties. LIM II'ATION OF'I ERMS. Ihls Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and by sutpplemenmry or additional terms and conditions annexed hereto or incorporated herein by reference. Any urbanist Or different mmn and conditions proposed by seller are objected to and herby jetted. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date us noted. Time is of the essence. Delivery and Performance most be effected within the time slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial Irate deliveries, shall operate in a waiver of this precision. In the event ofany delay, the Purchaser 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 foreseeable which am beyond its reasonable control and without its fault of negligence, such acts oFGW, acts ofci,il or military authorities, nuarru nal priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions coming such delay is given to the Purchaser within five (5) days of the time when the Seller for received knowledge darif. In the event of any such delay. We date of delivery shall he extended for the periwl W=I to the time actually lost by rawn ofine delay. 3, WARRANTY. The Seller warms that all good, articles, mamriah, and work covered by this Order will conform with applicable drawings, specifmtione, samples stupor other descriptions given, will be fit for the pumaaas intended, adi performed with the highest degree of care and competence in accordance xith accepted st=darts for work -of a 'milar mature. The Seller agrees to hold the purchaser homeless from any loss, damage or expense which the Purchaser may cuff or incur on account of the Sellers breach of warmnry. The Seller shall replace, repair or make good, without cost to the purchase, 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 my applicable emmnry provided by the Seller after the dte of acceptance of the goods famished hereunder (=cepr=ce not to be unseasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or are of goods by the Purchaser shall not yourrate a waiver of any claim under this wamnry. 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 wimmuess or guarantees, but such liability shall in no event include loss of profits or lass 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 terms by written change order 5. CHANGES IN COMM FACIAL TERMS. The Purchmer may make any changes In the mr-ns, Other than legal temn, including additions to or deletions from the quent rus originally ordered to the specifications or drawings, by verbal or written change order. If any such change affects the am a Or due as the time of perfonnmme heteundeq an amud le 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 m1polment between the ponies as to any work or materials then in pmgrns provided the, the Purchaser shall not be liable for any claims for anticipated profits on the a ompland portion of the goods and/or work, for incidental or consequential damages, and that no such adjudo ant be made in favor of the Seller with respect to any goods which am the Seller sr=dnN smek. No such mrmincom. shall relieve the Purchaser or the Seller crony of their obligations as or any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change at termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold Immunder shall have been produced, sold delivered and f islmd in strict compliance with all applicable laws and regulaiom m which the goods are subjecl. The Sella shall execum and deliver such docromms as may he nomind as efea or evidence complimm. All lass and regulations rammed to be incorporated in agreements of this character art hereby incorynrued herein by this referent¢. The Seller agrees or indemnify and hold the Purchases homeless from all cons and damages suiRted by the purchaser as a result of the Sellers failure to comply with such is. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, err any monies due or to become due hereunder without the prior ,amen consent of the other party. 10. TITLE. The Seller wanar s full, clear and urunuined title to the Purchmer for all equipment, materials, and items famished in perform a of this agreement free =d clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of mhers. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and! conditions hrnnf, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or approval ofNe design, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the parde ser to insist upon strict performance hereofor any of its rights or remedies as to any such good, regardless of what shipped, received or accepted, as to soy prior or subsequent default heremNa, nor shall any puryoned and modification or rescission of this purchase order by the purchaser operate as a waiver of any of the teats here.(. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in acmrl economic practice, overcharges resulting fmm antitrust violations are in fact home by the Purchaser. Theretofore, for good canes and as consideration for executing this purchase order, the Seller hereby actions to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular good or sachets Junctional ctional or acquired by the Purchaser pursuant to this purchase area 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I The Purchaser directs the Seller to correct nonconforming at defective goads by a dam to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its arability or=willingness to comply, the Purchaser may cave the work 1. be perforned by the most expeditious means mailable to it, and the Seller shall Pay all costs associated with such work. the Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfenmew, ofsuch wark. This release shall apply even in the event of fault of negligence of the party released =d shall extend in the directors, NTmers said employees ofsuch any. The Seller's conimetual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pertin ned Or caused in be performed by,he Purchase,. 14. PATEN PS. Whenever the Seller is required muse any design device, material or process covered by lever, patent, trademark Or copyright, the Seller shall indemnify and save hamdess the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the emolvel, and shall indemnify the Purchaser for any cost, expense or d ramoo which a may be obliged m pay by reason of such infringement at any time during the prosecution or after 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 constitute infnngement 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 pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noninGnging. 15, INSOLVENCY, If the Seller shall become insahent it, bankrupt, make ran assignment far the benefit of abluors, appoint a raciver an twine for any of the Sellers property or business, this order rimy forthwith he c=celed by the Purchaser without liability. IS. GOVERNING LAW. The definitions ofterms cud or the inmmretmion ofNe agreement ard the rights of all parties here=der shall be mmwed under and govcmcd by the laws ofthe Scam ofC.lorada, USA - The following Ackhtiovl Conditions apply only in crows where the Sella is to perform work hereunder, including the services ofShccrs Rcpressuch Ns), on the premises ofothers. 11. SELLERS RESPONSIBILITY. ' The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work sedan materials before Seller's final exa mieti.n =d acceptance, complete the work at Sellers on expanse and m the satisfaction of the Purchaser. When marerials and equipment arc famished by others for installation or erection by the Sella, the Sella shall receive, unload, store and handle same at the site and became raponsible therefor as Though such materials and/or equipment were being furnished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expanse, provide for the payment of worker, compensation, including occuparional disease benefits, to its employees employed on or in connection with the work covered by this purchase order, an/or to their depaidents in arro doace with the laws of the state in which the work is to be done. The Seller shall also carry con tooth nsive general liability including, but not limited to, contmemal and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any are accident and naircoy damage Itmit per accident of S40Q000. The Seller shall likewise require his contractors, tf any, to pmwde for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises Of .,he., the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such ompnvmtion and insurance have been provided Such certificates final I specify the dam when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall he maintained until aver the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumm the emir responsibil Iry and liability for any and all damage, loss at Injury of any kind or rulure whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connecion herewith The Seller will indemnify and hold hamlew the Purchaser and any r all of the Pachmers officers, agents aed employees from and against any and all claims, losses, damages. charges or extremes, whether direct or indirecl, and whether to persons or property to which the Purchaser may be put or subject by reason of any rot, action, neglM, omission or default an the Not of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In rse any suit Or other proceedings shall be, brought against the Purchaser, or its officers, agents or employees at any time an account or by reason of my act, action, angled, omission or default of the Seller of any of his contractors or any of is or their officers, agents or employees m afiambod, the Seller hereby agrees to assume the deft thereof and to defend Ore same at the Sellers own expense, m Pay any and all costs, charges, attorneys fees and other expenses. any and all judgmem i then may be incurred by Or obtained against the Purchaser or any of its air their officers, agents or employees in such suits or other proceedings. awl in rase judgment or otha lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a revs l of such suits or other proceedings, the Seller will at once cause the same to be dust and discharged by giving bad or otherwise. The Sella end his comments shall take all safety precautions, Amish and install all guards necessary for the pramti= of accidents, comply with all laws curd regulations with regard to safety including, but without limitation. rise Ovementoml Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 00R014