Loading...
HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3215363PO PURCHASE ORDER 321536er Page City. of PURCHASE 3275363 ' of ' `t( of Ins This number must appear V ` on all invoices, packing sli s and labels. Date: 0111612015 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: 01/16/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Non Yield 1 LOT LS 500,000.00 Light & Power per terms and conditions of Bid 7195 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. 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 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 rs exempt from sloe and local taxes. Our Exemption Number w 98-04502. Federal Excise Tax Exemptian Carfare of Registry B4fi000587 h registered with the Collector of becmal Revenue, Denver, Colorado (Ref. Colorado Revised Shores 1973, Chapter 39-26,114 Rd. Goods Rejeucd. GOODS REJECTED doe to failure to meet specifwtforss, either when shipped or due ro defecu of damage in transit may be rebund to you for credit and are not to he replaced except upon mecipt of wtinen instructions from the City of Fort Collins. Inspection. GOODS are subject In the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tares. Shipments most be F.O.D., City of Fan Collins, 700 Wood St, Fiat Collins, CO 80522, We. otherwise s,wifid on Nis order. If permission is given to prtpay freight end charge separately, the original freight bill most accompany mosim. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the was at distribution point to destitution, and excess freight will Ix deducted from Invoice what shipments art made wen greater distance. Permits. Seller shall procure at sellers sole cost all nmesury permits, rafficates and licatxes required by all applicable law,, regulations, ordinances and mles of the maim, municipality, mrri m, m political subdivision where the work is performed, m natural by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fart Collins harm]as tram and ngninst all liability and loss incurred by them by reason of an morrod or eslabluhed violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the rtpreunrcives me, in fact, bona fide and possess full and omplete authority m bind said panda. LIMITATION OF TERMS. This punows Order expressly trouts acceptance to the mine and condition stated been set forth and any supplementary cur additions] terms and condition annexed hereto m incor oreed herein by reference Any additional or different terms and renditions proposed by seller are objated to and hereby rejos d. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on yom promised delivery rite as noted. Time is of the essence. Delivery and perfurnma muss he cl ctmi wilhin the time stated on the purchase order and the documents matched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchamr shall have, in addilion m other legal and equitable rtmedia, the option of placing this under elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which an beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lot by reason ofthe delay. 3. WARRANTY. To, Seller warrants that all good, articles, materials and work coverer by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be, fit for the purposes intended, and Performed with the highest degree of care mM competence in accoNance with accepted standard for work or a 'andar Palms. The Seller agrees so hold the purchaser lunnlecs fmm any loss, damage or enpettse which the Purchaser may suffer m wear on ..at of the Sellers branch .17.1, The Seller shall replace, repair no make good, without cot to the pumhamh any defects or faults raising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller oiler the date of acceptance of the goods fmished becunde, (acceptance not to be unreasonably delayed), resulting fmm imperf t a detective ..,it done or materials furnished by the Seller. Acceptance or use of goods by the Purel ma shall not constitute a waiver of any claim under this warranty. Except m otherwise provided of this purchase under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purebaser may make changes m legal terms by women change order. S. CHANGES IN COMNIERCIN, TERMS. The Purehaur may mike any changes to the terms, be, than legal terms, wcludwg edditiom to or deletion from the 9uamities on mall, ordered in the slrccifeatio- or drawing; by verHl or writes nhange Iona If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by wrten change order, movince this agreement as to any or all Wnioo of the goods then not shipped, subject to any equitable adjustment between the Parries as many work or materials then in pmgrese' Provided but the Purchaser shall nm be liable for any claims for mdr,atcd pmNs on the uncompleted portion of the goads and/or work, for incidental or mnsequentinl damages, and that n, such adjustmem be made in favor of the Seller with reepauo any goad which are the Sellers standard stock. No such tarrounum shall relieve the Pu chasm or the Seller of any of their obligations as to any goods delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is Pull S. COMPLIANCE WITH LAW. The Sella ware nts that all good sold hereunder shall have been Radical, sold delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All Lows and regulations required to be incorporated in agreements of this chamber arc herby incorporated herein by this refetatce. The Seiler egrtes to indemnify and hold the Purohnsa banalities from of costs and damages suffered by the Pmahmer as a resuh of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written conch, of the other party. 10. TITLE. The Seller wanan a fall, clear and umestrined title to the Purchaser for all equipment, materials, and items fum6hd ins performance of this agreement free card clear of any and all lien, rearictimes, rexrvad., security interest mcumbrmc. and claims aromas. 11. NONWAIVER. Failure of the Purchaser m insist upon strict performance of the terms and conditions hereof, Loilurt or delay to examicee an y rights or remedies provided herein or by law, failure to promptly notify the Seller in pie event of a br each, the acceptance ofor payment far goods hereunder or approval ofthe design, shall tot release the Seller of any of the warranties or obligations of this purchase order and shall not he domed a waiver of any right of the purchaser to insist upon strict Performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml modification or rescission of this pumhase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize chat in actual economic practice, ovemharges resulting from counter violations mhom e in fact e by the Purchases. Theretoforeforgoodmuse and as comidemtion for executing this pumhau order, the Sella herby assigns to the Purchaser any and all claims it may now have or hereafter Married under federal m State antitrust laws far such warcharl relating to the Particular good m services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffe Purchaser directs the Sella to correct rwnwnfotming a defective goad by a date m he aprted upon by the Purchase and the Sclla, and the Sella Hereafter wdimtes its inability or unwillingness to comply, the Purchase may cause the work to be pinioned by the most expeditious meats available ro its and the Sella shall Pay all costs associated with such work. The Seller shall relmse the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the pert rmance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRca s and employees of such party. The Sellouts contractual obligations, including warranty, shall nwt be deemed to he natural, in any way, because such work ex performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is acquired to use any design, device, material or process covered by letter, patent trndemark or copyright, the Seller shall indemnify end save b choless the Purehmer from any and all claims for infringement by reason of the use of such patented design, desire, material or process w correction with the contract, and shall indemniy, the Purchaser fen any cot, expatse or damage which it may be obliged to pay by reasons of such inGngement at nay time during the prosrcution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goad, is in such suit held to coming, infringement said the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pur,ema the right to continue using said equipment or parts, replace the same with submantially equal but naninfrmong equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bandimpt make an assignment for the benefit of creditors, appoint a receiver or trustee for nay of the Seller property or business, this order may forthwith be canceled by the Purchase without liability. 16. GOVERNING LAW. The definitions of.. used or be interpretation ofthe agreement and the rights ofall passe hereunder shall be ronuued under and govemat by be ww: of the Sum of Colorado, USA. The following Additioml Condition apply only in a where the Seller is m peform work hereunder, including the services af5ellers Reprezermaimas), an the premises ofollen. IJ. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, to se of any accident, destruction or injury to the work and/or materials before Sellers final compinion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or mortion by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I S. INSURANCE. The Sella shall, at has own expense, provide for the mymmt of workers marrim satiou, welding occupational disease bmefts, to its employees employed on or in connection with die work covered by this purchase order, and/or to their dependents in scrommvice with the laws of Ihe suite in which the work is to be done. The Seller shall also can, mmpmhemive general liability including, but not limited to, mntranual and automobile public liability insurance woh wimly injury and death limits of or least S300,. for any onv persnq 5500,000 far any one accident and property damage limit pet accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. prime any of be Sellers or his contractors employees shall do any work upon the premises of others, the Seiler shall finish the Purchaser with a cenificam that such compeomion and insurance Have been provided. Such cendleater shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Seiler agrees immune s that such compensation mot imm e shall be unsecured until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all dings, lass or injury, of my kind or Palm whoueverto perso or property mused by or resulting train be execution ofthe work provided for in this purcha¢ order or in connection herewith. The Seiler will indemnify and bold harmless we Purchaser and any or all of the Purchaer5 oMet., agents and employees four. ow against any and all claims, lass., damages. elarges or expens., whether direct or indirect, and whe a to persons or property to which the Purchaser may he per or subject by reason of any act, action, neglect, omission or d saint on the pan of the Sella, my of his commerce, many of the Sellers or corn ens; officers, agents or employers. In men any suit or other proceedings shall be brought against the Punbascr, or its officers, agents or employees at any time on account or by reason of my act, action, neglect omission or default of the Sella of my of his contractors or any of its or bar afjcers, agents or employers as aforesaid, the Seller hereby agrees to acaume the defense thro of and to defend the same in the Sellers own expense, to pay any and all costs, charges, attorneys has and other expenses, any and all judgments that may be inamd by or obtained against the Purchaser many of its m their ofticcrs, agents or employees in such suits or other proceedings, and in cam judgment or other lien Is, placed upon or obtained against the property ofthe Pumbaseq or said partrso in or as a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved and dischargd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmish and install all guard necessary for the prevention of accidents, comply with AI laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Halt Act of 1970 and all miss and regulations issued pursuant thereto. Revised 07,7014