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HomeMy WebLinkAbout497785 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9120653City of art Collins Date: 01/31/2012 PURCHASE ORDER Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS Colorado 80521 PO Number Page 9120652 1of3 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 01/31/2012 Buyer: JOHN STEPHEN 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 2012 ASPHALT, ROCK, CONCRETE 1 LOT LS 15,000.00 PER TERMS AND CONDTIONS OF BID 7195 AND 6045 2 Concrete & Asphalt 1 LOT LS 75,000.00 3 Concrete & Asphalt 1 LOT LS 500,000.00 4 Concrete & Asphalt 1 LOT LS 200,000.00 Total $790,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER C3. 0✓1�:s2.� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 PO Number Page 9120652 2of3 This number must appear on all invoices, packing slips and labels. Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By stamta the City of Full Collins is exempt Rom slate and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pedomtance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or mnicdics provided herein or by law, failure, to promptly notify the Seller in the even, of a breach, the acceptance ofor paynrenl for goods hereunder orupproval ofthe design, shall not relcusc the Seller of Goods Rejecter. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations ofthis purchase order and shall not be dccmcd a waiver ofany right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any ofis rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral nwditication or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Reccipt of the merchandise, services or equipment in response to this order can insult ill 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on Ire pan of the City of Fort Collin Howcve, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause 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. Shipn,cas most be EO.B., City of Fan Collins, 700 Wood St., Fart Collins, CO 90522, unless acquired under federal or slam antitrust laws for such overcharges miming to the particular goods or services otherwise specified on this order. If pemrission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be caused upon by We expected from the ncarcsr distribution point to destination, mad excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. nay cause the ..,it to be perforated by life most expeditious meats available to it, and die Seller shall pay all costs associated with such work. Permit,. Seiler shall procure at seller sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, amnieipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Fort Collins hinnies from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miss and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, boll. fide sad possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set roan and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or ditSerent terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdimely ifyou cannot make complete shipment to arrive ors your promised delivery date as noted. Time is c f the essence Delivery and permanence must be effected within the time stated on the purchase order and the documents aaaehed hereto. No acts of the Purchasers including, without [initiation, acceptance ofpanial laic 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 ofplocing this order elsewhere and holding the Seller liable for damages Howcvcr, the Seiler shall not be liable for damages as a result of delays due to causes nor reasonably foreseeable, which are beyond its reasonably control and without its fault ofncgligence, 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 Purchaser within five (5) days of the time when the Seiler fiat 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the purposes intended, and per orned with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchase may suffer or incur on account of the Sellers breach of wurranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the rams ofaity applicable warranty provided by the Seller after the date of acceptance of the grads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shill nut constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, life Sellers liability hereunder shall extend to all collages proximately caused by the breach of any fifth, foregoing warranties or guarantees, but such liability shall in no event include loss of prafta or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGALTERMS. The Purchaser may stake changes to legal teats by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teats, other than legal tans, 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 atfects the amount due or the time ofpedormatce bercuude.. an...imble adjustment shall be mode. 6. TERMINATIONS. Tic Purchaser may at any time by wrinen change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bctwecn the parties as 1. city work or materials then in process provided char the Purchaser shall not be liable for any claims for umieiputed profits na the uncongdcrcd portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofill. Scllcr with respect to any g.& which are the Sellers strushod stock. No such termination shall rclicvc the Patch... or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is oNcrtd. 8. COMPLIANCE WITH LAW. The Seller w-arrant, that .II goods sold hereunder shall have been produced, said, delivered and furnished in strict compliance with all applicable paws and regulations to which the goods are subject, The Seiner shall execute and deliver such documents as may be required to effect or evidence compliance. All lac and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnity and hold the Purchaser harmless from all costs and damages sutbercd 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 become due hereunder without the prior wrinen consent ofthe other party. 10. Ti ILE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, five and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of .then. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting front the perfumaance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, Officers Laid employees of such party. The Seller's romractual obligations, including waaaaty, shall not be deemed 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 required to use any design, device, material or process covered by letter, patent, trudcmark or copyright, the Seller shall indemnify and save hamdess 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 indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ufsuch inbingcment at any time during the prosecution or after the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part 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 parts, replace the sans with substantially equal but noninfringing equipment, or modify it so it becomes noniniringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bandit of creditors, appoint a rccciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase' without liability. i 6. GOVERNING LAW. The definitions ofmrms used or the inu,queation ofthe agneemcnt and the rights ofall parties hereunder shall be construed code, and governed by the laws of the 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 Rcpresentative(sj, on the premises ofothcts. 17. SELLERS RESPONSIBILITY. 'rhe Seiler shell any on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials herbs Sellct's fin.[ completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. 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 aad become responsible therefor as though such materials and/or equipment were being furnished by [lie Seller under the order. 18. INSURANCE. The Sealer s],all, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered 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 tarty comprehensive 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 property dantdge limit per occident of 5400,000, "fire Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises of others, 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 wnhpcnsmion and insurance have been provided. Such certif3cules 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. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes he entire responsibility a nd liability for any and all drainage, loss or injury of uny kind or nature whatsoever to persons or property caused by or resulting from the exaction ofihc ,.,it provided for in this purchase orderor in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees front and against any and dH claims. losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to xInch the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on tire pat of the Seiler, any of his contractors, or any of the Sellers or contractors officers, agents or cmployecs. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by mason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or their ci icca, agents or employees as aforesaid, the Sealer hereby agrees to assume the defense thereof and to defend file same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgnhcut, that may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such suits or other proceedings, and in case judgnwal or other lien be placed upon or obtained against the property ofthc Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will al once cause the battle to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, burnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Inflation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010