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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3212346PURCHASE ORDER Po Number Page City of PURCHASE 3212346 ' of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/24/2012 Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS Colorado 80521 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 02/24/2012 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 Concrete/Asphalt for Projects Annual per terms and conditions of bid 7195 C3. oil.:st2 s� 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 1 LOT LS Total 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 I. COMNIERCIALDFTAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-(M502. Pedant Excise Tax Exemprim Certificate of Registry 94-60M587 is registered with the Collector of I ntcmal Revenue, Denver. Colorado (Rot. Colorado Revised Statutes 1973. Chapter 39--26. 114 (a). Goods Rejected. GOODS REJECTED duc to failure to meet specification, either when shipped Or due to defects of damage in transit. may he rctumed m you for credit and arc not to be replaced except open receipt of written insmctions from the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection can arrival. 11. NONWAIVF,R. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failnrc or delay to exercise any rights or remedies pm.'ided herein or by Inv, failure to promptly notify file Scllcr in the csent of a breach, the acceptance ofor payment for goods hereunder Or approval ofthe design, shall not release the Seiler of any of the wamnties or Obligations of this purchase order and shall not be deemed a mvriver of any right of the purchaser to insist upon strict performance herenforany of its rights or remedies as to anv such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hcrcnndef, nor shall any purported oral mOdifieatian m reseission of this purchase Order by the Purchaser operate as a waiver of any of the moms hereof. Final Acceptance. Receipt of the merchnodise, services or equipment in response to this Order can .,,,It in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Howcer, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc 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 Toms. Shipments must be F.O.B., City of Fan Collins. 70O Word St, Fan Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods Or services otherwise 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 must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where marufaehtrcrs have distributing points in various pans of the errantry. .shipment is expected from the ma t distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Scllcr shall procure at sellers sole cost all necessary permits, certificates and licences required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public anthoriry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamlm from and against all liability and loss incurred by them by sea On of an asserted or established violation Many such haws, regulations, onlinances. roles and requirements. Authorization. All panics to this concoct agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tells and conditions stated heroin set forth and any supplementary or additional temx and conditions annexed heron or incorporated herein by reference. Any additional or different mean, and conditions proposed by roller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchaacrs including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable 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 result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligcoce, such acts ofGat acts ofcivil of military authorities, gmernmental priorities, fines, strikes, Rood, 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 first received knowledge thereof. In the crew of any such delay, the dare of delivery shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles materials and work covered by this order will con(nmm With applicable drawings. specifications, samples andfm 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 nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warm me. The Seller .shall replace, repair or make good. without cost to the purchases, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), reselling from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of prods by the Purchaser shall not constitute a waiver ofnny claim under this wamnty. Except as otherwise provided in this purchase order. the Sellers liability hercoader shall extend to all damages proximately caused by the breach ofnny of the Foregoing warn noes or gi amme,, bur such liability shall in can event include loss of profits of loss of usc. 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 terms. other than legal tents, including additions to or deletions from the quantities originally ordered m the specifications or drawings, by verbal or written change under. If any s ch change affects the amount doe car the time ofperfomanec hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time he written change order. terminate this agreement as to any car all portions of the gads then not .shipped, subject to any cquitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such temination shall relieve the Purchaser Or the Seller ofany oftmir obligations as to any good delivered hereunder. 7. CLAINIS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamats that all gonts sold hereunder shall have been Introduced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect oreviderec compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indenmify and hold the Purchaser hamlcas 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 become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller trounts full, clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, sceurim interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconFoming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the So or shall pay all costs associated with such work. The Seller shall release the Purchaser and its cantonment of any tier from all liability and claims of any nature resulting from the performance of such work. This recase shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oR¢cts mad employees Msuch party. The Scllcr's contractual obligations, including wamotw shall not be doomed to be mdueed, in any way, because such work is perfanmd or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark m eapyright the Scllcr shall indemnify and save brimless the Purchaser from any and all claims for infringement by reason of the use of such patented deign, device, material or process in connection with the contract. and shall indemnify the Purchaser far any cost, expense or damnge which it may be obliged to pay by reason ofsaeh infringement at any time during the prosecution of after the completion of the work. In ease 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 same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt make an assignment for the benefit of cnditms. appoint a receiver or tr sacc for any of the Sellers property or business, this Order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation Of the agreement and the rights ofall panics hereunder shall be construed under and governed by the lams ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representmive(s), on the premises ofethco. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall. n ease of any aceidcnt, destruction or injury to the work and/or materials before Selle's final completion and acceptance, complete the mark at Seller's own expense and to the satisfaction of the Purchaset. When materials and equipment arc 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 therefor as though such materials and/or egnipmenf were being furnished by the Seller under the order. IA. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation. including occupational disease hencfts, to it employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public Imbiliry mo,mee .with bodily injury and death limit arm Icast S106,000 for any one person. $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likcwiec require his contractors, it any, to provide for such compensation and insurance. Before any of the Sellers or his contractors 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 Stich 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 Seller agrees that such compensation and insurance shall be maintained until o0er the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hercbv assumes the entire responsibility and liability for any and all damage, loss or injury of nay kind or nature whatsoever to person ar property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers omens, agents and employees from and against any and all claims, losses, damages, charges or expenses whether direct or indirect. and whether to persons or pmperry to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seiler. any M his contractors. of any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any tine oa coconut or by reason M any act. action, neglect. omission or default of the Seller of any of his conmetnrs or any of its or their Officers, agents at employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their affects. agents or employees in such suits or other proceedings. and in ease judgment or other lien he placed upon or obtained against the pmperty of the Purchaser. or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving Mood or otherwise. The Seller and his contractors shall take all safety precautions furnish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including. but without limitation. the Occupational Safetyand Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0312010