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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3214187 (2)Fort Collins Date: 11/18/2014 PURCHASE ORDER Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS CO 80521 PO Number Page 3214187 1012 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: 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 UOM Unit Price Extended Ordered Price 3 Addendum to PO 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 1 LOT LS Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Pon Collins is exempt fmm stare and local taxn. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Ce tifcam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser I. insist upon ants performance of Ne terra and whaddimss hereof, failure or delay to Internal Revenue, Dewar, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies prmidM herein or by law, failure to promptly notify the Seller in the event of a breach the acceptmce.forpaymm, for goods hereunderm approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure 0 meet specifications, either whin shipped or due to defects of any of the wamenfr, or obligations of this ptucbse order and sboll not be, deemed a waiver of any tight of the damage in transit, may he mumed to you for credit and are not to b, replaced except upon receipt of wrinrn purchaser a insist upon strict performance brreofor any of its rights or remedies as a any such good, regatdlQs it structimss from the City of Fm Collins. of when shipped, received or accepted, as an my prior Or sumo ficant default hereunder, nor shall any parpmed oml modification or rescission of this purchase older by the Purchaser operate in a waiver of my of the ma m hopxtim. GOODS are subject to the City.(Fort Collin imp«ticen m arrival. hereof. First Acceptance. Receipt .f me merchandise, services or eqmp. m response a this order per result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood Wt FINAL Seller and the Purchaser mmogtize Nat in actual a is practice, overcharges resulting from anldraw ACCEPTANCE is dependent upon completion ofall applicable mluired inspection poseedtuc. violations are in fact Fame by the Purchases. Theme fore, forgood cause and an consideration for executing this purchase omen, fie Serer hereby assign to the Purchaser my and all claims it may mw have Or hereafter Freight Terms. Shipments must be F.O.B., City of For Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or scale m ie t laws for such overcharges crucial, to tare particular goods m services otherwise specified on this order. If prrmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany vaccine. Additional charges for packing will not he overlord. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Div... Where monufadurrrs have distributing Onion in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defettive good by a dam to be agreed upon by the expected from the names, distribution in, 1. destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates in inability or unwillingness to comply, dhe Purchaser shipments arc made from Ili distance. may cause the work to be performed by the most expeditions means available to it, and fe Seller shall pay all casts associated with such work. Permits. Seller shall mature at sellers sole coal all norrow, permits, cenificatn and licenses fimiread by all applicable Incas, regulaiom, ranhomees and rules of the sure, municipality, territory or political subdivision where The Seller shall release the Purchaser and its contractors of any her It all liability and claims of any while the work is perforated, or required by any other duly coordinated public authority havingjurisdimion over the work mating floor he perfnwoure of such work. of vendar. Seller further names to hold the City of pots Collins harmless from and against all liability and ]us, incurred by them by reason of an warned or established violation of any such laws, regulations, ordinances, rules This release shall ripply even in dw event of fault of negligence of the party released and shall extend to the and requirements. directors, W,cm end employees fsuch party. Authonzation. All punier to this contract agree that me representatives are, in fact, bona fide and possess full and The Sellers contractual obligations, including warranty, shall not be deemed to Im reduced, in any way, because complex authority to bind said panica such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or difTere d terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canmt make complete shipment to arrive on your promised delivery date as noted. Time is of the assume. Delivery and performance most he ellemed within the time stated on the purchax order mJ fe documents awchad hereto. No sen of fe Purhaurs including, without limitation, acceptance of pmial late deliveries, shall operate as a waiver of tbs provision. In the evem ofany delay, fe Purchwn shall have, in addition to ofer legal and eryitable remedies fie option oflilacm, fis order elsewhere and bolding fie Seller liable fro damages. Howeve, fie Seller shall not h liable far damages as a result of delays due to rinses not occasionally foreseeable which are beyond its mountable moral and wihout in full of negligence, such aces fGod acts of civil or military a alcur irs, govrmmental priorities, fires, wilars, Hood, epidemics, wars or non provided fro notitt of the conditions caning such delay is given to the Purchaser within five (5) days offe time when the Seller fire received knowledge Hereof. In fe rant of any such delay, fie due of delivery shall be extruded for fie penW equal to the time actually lose by frisson of fie delay. 3. WARRANTY. The Seller warrants that all goods, micles, materials and work covered by this order will conform with applicable drawings, specifications, samples mda, ofer desedp,iow giver, will be f fro the puryos. imrnded, and performed with the highest degree of race and compuence In accordance with accepted standards for work of a similar nature. The Seller agrees to hold the puahaur harmless Gom any loss, damage or 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 defers or faults mixing within me (1) year or wihin such longer period of time in may be prescribed by law or by the terms of any applicable warranty provided by the Seller and the date of weptancc of the Rhoda fumished hereunder hurepaoce not to be, umeamnably delayed), resulting from imperial, or defective work done or materials Burnished by the Seller. Acceptance or use of goods by the Purchaser shall out .nstimle a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to al I damages proximately caused by the breach of any of the foregoing warranties 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 whw by wdnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by small or wdttrn change order. If any such change affects the amount due or the time orperforrontt hereunde, an equitable capwtmen, shall he made. &TERMINATIONS. The Producer may al any time by wrinrn change order, terminate this agreement in to my or all pmiome of the good fen not shipped, subject to my equitable sophistical bemx<n the parties as to any work or materials then in progress Provided that the Purchaser shall nor be liable for any claims for anticipated profits on the ammmpleted portion offe goods mrNm work, for incidental or conuction] damages, and that no such adjustment be, made in favor of the Seller with roped to any goods which art the Sellers stmdam sack. No such termination shall relieve the Purchaser or fe Seller of any ofther, obligations an to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ssvemed within thirty (30) days from Ne date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and fumished 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 ria rad to effect or evidence compliance. All laws and regulations required to he ncofpauted in agreements of this character art hereby incorporated herein by this reference. The Seller agree a indemnify and hold the Producer harmless from all awn and damage soffemi by the Purchuer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall mount, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent Of the ofer pan,. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all cptipmrnL materials, aud items Burnished in performance of fis agreement, free and clear of any and all lies, restrictions, reservations, security interest encumbrances and claims of others. 14. PATENTS. Whenever the Seller is cultural to we any design, device, material or process covered by letter, patent, code=& or eopynght, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mamn of the use of such parented deign, device, material or process in connection with the conrracu, and shall indemnify the Purchaser for any cast, expetase m damage which it may lie bligW to Pay by ream. ofsuch imHngement at any rime during the prosecution m aRer, the completion of tare work. In case said eq.ipmmn or my pan faf e f or the intruded use of the good, as in such suit held to constitute infringement and she use of said equipmml or part is mjoined, fie Seller shall, at its own -lame aud at in option, eider procure for the Furchwef fie right to continue using said equipment or parts, replace fie scam with substantially equal but ramonGrnging eluipmmt, or nmdiy it w it becomes noninfnngin& 15. INSOLVENCY. If the Seller shall bxiona, insolvent or bankrupt, make an ressignnrem for the benefit of cridimrs, sppoins a rtriver or tmstre for my of the Sellers Faunally or business, fis older may foMwith be canuled by the Purchaser wif.u, liability. 16. GOVERNING LAW. The definitions of temu used or the intermediation ofthe agreement and the rights of all partial hereunder shall be, construed under and governed by the laws offe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreaentativen), on the prem6es of ohers. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own task moil the some is fully completed and accepted, and shall, in case of any accident, destmmi e, or injury to the work minor materials before Sellers Oral completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Pumhscr. 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 femfor in though such materials artful equipment were being nourished by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase older, mNor to their dependents in accordance with the laws of fie state in which the work is to the done. The Seller shall also carry eomp¢hensive general liability including, On not limited to, contractual and automobile public liability income with bodily injury and deaf limits of at least 8300,000 for any one person, $50 ,000 for my one incident and property damage limit per accident of 5400.W. The Seller shall likewise require his contractors, if any, to provide for such mmpmsatim and insurance. Before any of fa Sellers or his contraction employees shall do any work upon the premrsn of ofers, the Seller shall furnish the Purchaser with a cenificatc that such compensation and ine., have Ever, provided Such examficues shall specify Ne date when such compensation and insuearme have been provided. Such certificates shill specify the date when well compensation and insurmce expires. The Seller agrees mat such camplacuumn and iwurmme shall be haddru rid until offer fie entire work is campleal sud acccptoi 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fie entire responsibility and liability for my mid all damage, 1. Or injury ofany kind or nature whms«ver to persons or property caused by or cashbook, from the execution fthe work provided for fa this purchase order or in connection herewith The Seller will indemnify and hold hmmlrss Ne Purchaser and my r all of the Purchasers officers, agents and employees fmm and against my and all claims, losses, damages, chargn.r expewes, whether direct or indirect, and whether a person or property, to which the Purchaser may be par or subject by reason of any act, action, neglect, omission of default no fe pan c f tare Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shall be, brought against the Purchaser, or in officers, agents or employers in any time on account or by reason of any rat, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRfici rs, agents or employees c aforesaid, the Seller hereby agrees to assume the defense thereof and to defend fie same at the Sellers own expense, to pay any and all costs, charges, anomrys fees and other expenses, any and all judgment, fro may be incurred by or obtained agaist the Purchaser 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 property of the Purchaser, or said parties in or as u trial, 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, fmish and install all guard nacesury for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, fe Occupational Safety and Health Act of 1970 and all rules and regulations lamed pursuant thereto. Revised 07n014