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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3214186 (3)of Fort Collins Date: 11/18/2014 PURCHASE ORDER PO Number Page 3214186 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 497786 Ship To: ELECTRIC UTILITIES MARTIN MARIETTA MATERIALS CITY OF FORT COLLINS 1800 N TAFT HILL RD 700 WOOD ST FORT COLLINS CO 80521 FORT COLLINS CO 80521 Delivery Date: 11/17/2014 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 Ordered UOM Unit Price Extended Price 4 Addendum to PO 1 LOT LS 50,000.00 Light & 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.com Total $50,000.00 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 Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local mica. Oa Exemption Number is I I. NON WAIVER. 98,B4502. Federal Excise Tax Exemption Cenificam of Regiury 84-6000587 is registered with me Collector of Failure of the Purchaser m insist upon and performance of the terms and conditions hereof, failure or delay, to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided Main or by law, failure to promptly =try she Seller in the event of a breach, the acceptame of or payment for goods hereunder or approval Ofthe design, shall out release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet sad ifwtimss, either when shipped or due to defects of mY of the warranties or obligations of this purchase older and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are Out to be replaced except upon receipt of wrimat purchaser to insist upon strict performance hereofor any of its rights or mend ies as m my such good, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subswquml default heretmden, am shall nay gonna ed oral nmdifcation of asciision of this purchae order by the Plrrcha of operate as a waiver of Boy of the meta Inspection. GOODS are subject to the City of Eon Collins inspection on arrival. hereof. Final Acceptance. Reveal of the mrchmdist, service or equipment in response m this other can desalt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. ammaux l payment on the pan of the City of Fan Collies. However, it is to be ucalerstood Out FINAL Seller and the Purchaser recognize: Wm in acaml economic practice, overcharges reacting from antitrust ACCEPTANCE is dependent upon completion ofall ap,liable required inspection presented, vielatiom are in fact bore by the Purchases. Theretofore, for good exam and as comideatien for executing this pumhme order, the Seller bereby assigns On the Puurchaser any and all claim it may now have or hadder Freight Term. Shipments must be F.O.B., City of Fan Collins, 70) Wood St, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such Membmges relating an the particular goods or services otherwise speedier on this order. If permission is given in prepay find ld and charge se uencely, the original freight purchased we acquired by the Pmcbasix pursuant to fail ppahaa order. bill must accompany invoice. Additional charges far packing will not be cccepmd 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in saimas pans of the cowtry, shipment is Ifthe prdaa direct the Seller to cored nonconforming or deftive good by a date to be, agreed upon by the expected fmm the nearest distribution paint m destination, and excess freigh, will be denuded fmm Invoice what Forehead and the Seller, and the Seller thereafter indicates its natality or mwiilingness to comply, the Purchaser shipments are made from greater distance. may cause the work m be performed by the most aWilitious means available to it, and the Seller shall pay all costs associated with such work. Prnnits. Seller shall Finance ar sellers sole cost all necessary permits, candidates and licenses required by all applicable laws, regulations, ordinances and tales of the sum, municipality, territory or political subdivision where the work is perfarmed, or required by any, other duly constituted public authority havingjunsdicrion over the work of vradr. Seller further agrees m hold the City of Fort Collins hamless Bom and against .11 liability and Ins, incurred by them by reason Of an asserted or established violation of any such laws, regulations, ordinances, tales and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and ampldc authority in bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions sited herein set both and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dilPermt terms and conditions proposed by seller am Objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout muno, make complete shipment to arrive on your pmmord delivery date as noted. lime is of the wonder. Delivery, and performance must be efedod within the time stated on the purchase order and the documents attached hereto. No acts of the Pumhwas including, without limitation, acceptance of pai.1 late deliveries, shall apmte as a waiver of this provision. In the went Of any delay, the Purchaser shall have, in addition in other legal and cquimble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a each of delays due to causes not reasonably fiereadable which are beyond its reasonable mound and without its fault of negigence, such acts of Gad, ads ofcioil M military mnhontia, governmental priorities, forms. suikes, flood, epidemim, wars or riots prmided that notice of the conditions musing such delay, is given to the Purchaser term five (5) days of the time when the Sciler first received knowledge therm(. In the event of any such delay, the date of delivery shall be extended for the period egml to the time azmully lost by reason ofrhe delay. 3. WARRANTY. The Seller whereas that all goods, articles, materials and work covered by this man will carifirtat with applicable dawingz, specificities, samples and/or omer descriptions given, will be fit for the, purposes intended, and perfomled with the highest degree of we sand competence th accordance with accepted suMard far work of a inila nature. The Seller agora to hold the Purchaser harmless fmm any loss, damage o expense which the Purchaser may saf or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair or snake good, without cost to the pumhaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law Or by the terms of any applicable wararnry pmvid by the Seller after the date of max,mand, of the goods famished 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 shill not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability bereunder shall extend to all damages proximately auacd by the breach of any of the foregoing war and, or guarantees, but such liability shall in no event include loss ofpmfits or loss 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 term by women change order. 5. CHANGES IN COMMERCIAL T ERMS. The Purchaser may make any changes to the terms, other than legal tames, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by venial or written change order. It any such change aReds the amount due or the time ofPerlomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change other, terminate this agreement re to any or all Famous Otte goads then not shipped, subject to any Muimble admittance, between the parties as in any work or materials then in Flagons; provided that the Purchaser shall not be liable for any claim for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjusrnat be made in favor of the Seller with respect to any good which arc the Sellers smmfard stock. No such termination shall relieve the Purchuer or the Sella of any of their obligations as to any gaud delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from me date the change or remination is mahadd. 8. COMPLIANCE WITH LAW. The Sella warrants that all good mid hereunder shall have been produced, sold, delivered and famished in met compliance with all applicable laws and cegula.. m which the good art subject The Sella shall caewm and deliver such documents as may be required to eRed or evidence compliance. All laws and regulations acquired to be ncoapotated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify dual hold the Pmchamr haamless fmm all costs and damages suHaed by the Purchaser as a result of the Sellers fclme 1. comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or may monies due .11. became due hereunder without the prior wraen cameral of the Omer parry. 10. TITLE. The Seller warami full, clear and umesbicted title to the Purchaser for all equipment, materials, and item Comment ment in prabormand, of this agreement, free and clear of my and all lirns, restrictions, read-ficarw, many, interest encumbrances and claims of others, The Seller land .1. the Purchaser and its contractors of any For from all liability and claims of any nature resulting from the performance ofsuch work. This re ace, shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRcers and employees dsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. ill PATENTS. Whenever the Seller is required to use any design, device, material or prwess covered by lamer, patent, trademark r capyrighL the Seller shall indemnify and save hoarders the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, manna] or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged 1. pay by reason of such infringement at any time during the association or after the completion of the work. In rase said equipment, or any pan thereof or the intended use of the good, 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 eight to continue using said equipment or puts, replace the same with su is adially egnd but naninfringing equipment, or modify it so it becomes noninfdngin& 15. INSOLVENCY. If the Seller shall become inschato or bankeupl, make an assignment for the benefit of creditors, appoint a resever or Marble for any of the Sellers property or business, this order may foMwirh be canceled by the Purchased without liability. 16. GOVERNING LAW. The dcfnitiom of term used or the interpretation of me agreement and the rights ofall partite hereunder shall be constituted under and governed by the laws ofthe State ofColoado, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the.ervicw of Sellers Repreaddatid O), oa Ore premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Series own risk until the same is fully completed mad accepted, and shall, in ram of any accident, destruction or injury to the work mdlor maderuls before Selfels final completion and acceptance, complete the work at Seller's awn mama and m the a isfactioa of the Purchaser. When matmals and equipment arc famished by Others for installation or erection by the Seller, the Seller shall receive, wload. store and handle more at the site and become responsible therefor as thougb such mmrials m rap equipment were being furnished by the Seller under the order. I& INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employers employed on or in connection with the work docent by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive Wnml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury, and death limits of at leas, 5300,000 for any one person, S5e0,000 for any one accident and property damage limit per accident Of 540g000. The Seller shall likewise require his coronation, if any, to provide for such compensation and insurance. Before any of the Sellers or his commdoes employees shall do any work .,a the premises of .,he., the Seller shall furnish the Pmchamr with a certificate that such compenwtion and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the attire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind r nature whatsoever to arsons or rapidly caused by on resulting fmm the execution othe work provided for in this random order or in connection herewith. The Seller will indemnify and hold harmless the Paahuer and any r all of the Purchasers officers, agents and employees from anal against any and all claim, forms, damages, charges or expenses, whether dared or induced, and whether so persons or primary to which me Purchaser may be Put or subject by reamn of any act, action, neglect, omission or default on the pat of the Seller, any of his anttaaon, or any of the Sellers or contractors officers, agents or employees. In case my suit in other proceedings shall be brought against the Purchaser, or its officers, agents or employees or my time can account or by nation of my an,, action, vegien, Omission in default of the Sella of my of his contrectms Or my of its or met olfm, agents Or employees in aforesaid, the Seller hereby agrees be assume the defense the sea and To defend the same at the Sellers own expense, to pay any and all costs, charges, amount fees and other expenses, my and all judgmmts mat may he incumd by a ebuimd against the Purchaser or any of its or Bair oRcers, agents or employees in such suits Or other proceedings, and in case judgment or Omer dim be placed upon or obtained against Be, property of the Purchase, or said anies in or as a result of such mils or other proceedings, the Seller will at ore cause me same to be dissolved mall discharged by Stung bond or othervose. The Seller and his contractors shall take all safety precautions, ftunrsh and csmll all guard necessary for me prevention of accidents, comply with all laws and regulations with regard to safety includin& but without limitation, the Occupational Safety and Health Ad of 1970 and all ales and regulations owned pursuant metro. Revised 07n014