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HomeMy WebLinkAbout497786 - PURCHASE ORDER - 3212304PURCHASE ORDER PO Number Page City Of 3212304 1 of 3 `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 01/25/2012 Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS Colorado 80521 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/25/2012 Buyer: OPAL DICK 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 1 2012 Slurry 71.65/cy for 1 LOT LS 125,000.00 Light & Power 2 2012 NonYield Backfill $53.90 1 LOT LS 300,000.00 Light & Power 3 2012 Ready Mix Concrete $85.10 1 LOT LS 10,000.00 Light & Power 4 2012 Sand & Water $50.40/cy 1 LOT LS 70,000.00 Light & Power Total $505,000.00 9n--� 2. OYl692 -4-e- City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of3212304 2 of 3 `t Collinshis number must appear ` " , ton all invoices, packing slips and labels. sl- v City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By'statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Ccnifieac of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfommancc of the terns and conditions hereof, failure or delay to Interval Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a broach, the acceptance of m payment for goods hereunder or approval of the design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to uny such goods, regardless instructions from the City of Fen Cut [in,. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpomd and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents Inspection. GOODS an subject to the City of Fort Col lam inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, en'ices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLA I MS. 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 practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable mqu ired inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teats. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the pamculur goods or urviccs ohcnxtu specified on this order. If permission 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 invoice. Additional charges Ivor packing rill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destitution, and excess freight will be deducted bent Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance, may cause the work to be performed by the most expeditious mcuns available to it, and the Seiler shall pay .11 cost, associated with such work. Permits, Seller shall procure at sellers sole cost all necessary permits, cenificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision where Elie work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins humlcss fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the reprcsenatives arc, in fact. boon hide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional temti and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions pmpuud by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complex shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be efLewd within the time stated on the purchase order and the ducunteNs attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial ate deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaciog 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 are beyond its reassemble cumml and without its fault oflacghigence, such acts of God, acts of civil m military authorities, governmental priorities, foes, strikes, Theme, epidemics, wan or riots provided that notice of the conditions causing such delay is given to des Purchaser within five (5) days of the time when the Scllcr tint received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lust by reason of the delay. 3.WARRANTY. The Seller warrant that all good,, anicics, materials and work covered by this order will contemn with applicable drawings. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar manure. The Seller agrees to hold.the purchaser harmless front any loss, damage or expense which the Purchaser may suffer or incur on account of flo, Sellers breach of e'aranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (p year or within such longer period of time as may be prescribed by law or by the teme, of any applicable ...my provided by the Seller after The date of acceptance of The goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imprfccf or defective work done or matrix is famished by the Scllcr. Acceptance or use of goods by the Purchaser shall no: 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 damage proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal toms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects The amount due or the time ofprformanee hereunder, an equiable 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 udjusumem between the parties as to any work m materials then in progress provided that the Parch .... bull nor be liable for any claims for anticipated profits on the uncompleted Pont.. fthe good, noel., work, for incidental or consequential damages, and that no such adjustment be made in boats of the Seller with respect to any gwds which are the Sellers standard stock. No such termination shall relieve The Purchaser or the Seller of any of their obligations as to any goods delivered hrcunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjostmem mint be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAN'. The Seller warrants that sell goods said hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seiler Shull execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character ore hereby incorporated herein by this rctereace. T'he Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to beconmc due hereunder without the prior wrine. consent fthe usher putty. 10. TITLE. The Sellenvamans full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, face and clear of any and all liens, restrictions reservations, security interest encumbrances and claims of .then. The Seller shall release the Purchaser and its cam ... Tons of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This rdcasc shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including wom ity, shall not be devoted to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is mqulred to use any design, device, noncrial or process covered by letter, patent, trademark or copyright, the Seiler shall indcnmit'y, and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnity, the Purchaser for any cost, expense or danmgc which it may be obliged to pay by reason of such infringement an any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereofor the intended use of the goods, 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 right to continue using said equipment or puns, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nuniNiinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benclit of creditors, appoint a receiver or trustee for any of the Scllcr pwpcny or business, this order may funhw'ith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions uftcrms used or The interpretation ufthe agreement and the righs ofall panics hcrcunder shall be construed under and governed by the laws ofthe State of Culordeo, USA. The following Additional Conditions apply only in cases where The Seller is To perform work hereunder, including theser ices of Sellers Reprcsenative(s), on thepreinhsesofothers. _ 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the sane is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete The work at Sellers own expense and To the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seiler, the Seller shall reaice, unload, store and handle same at The site and become responsible Therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own cxprse, provide for The payment of workers compensation, including occupational disease benefit,, to it, employee, employed on or in connection with the work covered by this purchase order, and/or to their dependent, in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprohensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and propcny damage limit per accident of $400.000. The Seller shall likewise require his commeturs, if any, to provide for such connpen>ation and insera.cc. Before any of The Sellers or his contractors employees shall do any work upon the premises ofothen, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates 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 Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PRO 'I'ECT']ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility send liability Ivor any and sell damage, loss m injury ofany kind or ..rule whatsoever to persons or property cawcd by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold hamdess the Purchaser and any or all of the Purchasers officers, agents and employees from and ugmitst any and all claims, losses, damages charges or expenses, whcthcr direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any an, action, neglect, otuission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oficem, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or it, officers, agents or employees at any time on account or by reason of any act, action, neglect, omission m default of the Seller of any of his contractors or any of is or their officers, agents or entpluyce, as uliamsuid, the Seller hereby agrees To asaunne the defense thereof and to defend the sane ut the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against 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 propcny of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seiler will at once cause the sane to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safely precautions, furnish and install all guards necessary for The prevention of accidents, comply with all laws and regulations with regard to sanely including, but without limitnion, the Occupational Safety and Health Act of 1970 and all rules and regulations noucd pursuant Thereto. Revised 03/2010