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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9123107 (3)City of Fort Collins PURCHASE ORDER Date: 05/24/2012 Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS Colorado 80521 PO Number Page 91231,07 1of2 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: 05/24/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered .. Price 1 2012 Overlay Contract 1 LOT LS PER TERMS AND CONDITIONS OF BID 7222 - 2012 RENEWAL AND PER AGREEMENT DATED MAY 11. 2012. 2 2012 Overlay Contract 1 LOT LS 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 "I "dUU,000.UU 1,599;816.15 Total R3 499 R1 f, 15 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. COMMERCIAL DETAILS. Tax exemptions. By statum the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemptian Certificate of Registry 84-0000587 is registered with the Collector of Failure of the Purchaser to insist upon strict peformancc of the term, and conditions hereof. fail,,,, ar delay 10 Internal 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 breach. the acceptance for payment for goads hereunder or approval aflhc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, cithm when shipped or due in defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc ram to be replaced except ation receipt of n7inen purchaser to insist upon strict performance mmofor any of its rights or remedies as to any such goods, regardless instructions fmnl the City of Fan Collins of when shipped, received or accepted, as to any prior err subsequent default heuunda. nor shall any mupaned onl modification ar 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 Fort Collins inspecinn on arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. allthodzcd payment on the pan of the City of Fen Collins. However, it is to be undasoed that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Sallee hereby assigns to the Purchaser any and all claims it may am, have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fen Collins. 700 Rood St, Fen Collins. CO 90522. unless required under (edictal Or state antitrust Iays 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 In this purchase order. bill must accompany invoice. Additional charges for picking 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 dircas the Seller in courier nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted finer Invoice when Purchaser and the Sella, and the Seller thercaflcr indicates its inability or unwillingness to ,amply, the Purchaser ,shipments are made front greater distance. any cause the work to be performed by the most expeditious means available to It, and the Seller shall pay alt costs associated is ith such work. Permits. Seller shall procure at sellers sole cast all necessary Partin. ecnifiates and licenses 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 authority having jurisdiction over the work of vendnr. Sella Further apices to hold the City of Fort Collins harmless, from and against all liability and loss incurred by them by reason of an asserted m established violation of any such lams, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and passes full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the lama and conditions stated hacin set fifth and any supplememmy or additional teals and conditions annexed hereto Or incorporated herein by mfnence. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment In nrrivc on your Promised delivery date as noted. Time is ofthe essence. Dcln cry and performance must be effected within the time stated on the purchase order and the documents attached hereto. No ruts of the Purchasers including, without limitation, acceptance artificial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Scller liable for damages. However, the Sd1ershall not be liable for damages as a resull of delays due to ceases not reasonably forescable which are beyond Its ,..able control and without is fault of tialigence, such aces of God, acts of civil or military authontics, governmental priorities, fires, strikes. Rood, epidemics. wars or tins provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof. In the event of any such delay, the date of delivery shalt be extended for the period equal to the time actually lost by reason of fl a delay. 3. WARRANTY. The Scllcr martens that all goods articles, materials and wick covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended. and performed with the highest degree of care and compoctia in accordance with accepted standards for work of a similar nahrn. The Seller agrees to hold the purchsa harmless from any loss, damage or expense which the Purchaser may.svffer or incur on account of the Sellers breach of ,"nary. The Scllcr shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (I) year at within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seiler after The date of acceptance of the goods furnished hereunder (acceptant, not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a w'aiva crony claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the broach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss wf puefts at loss arose, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal tams by, written change order. 5. CHANGES IN COMMERCIAL TERh1S. The Purchasermay make any changes to the terns, other than legal terms, including additions to or deletions from the quarruies originally ordered in the specifications or drawings, by verbal or written change order. If tiny such change affects the amount due or the time ofperformance hetcunda, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by written change order, tcmuinate this agreement as to any or all portions of the goods then nor shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims fiat 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 Sella wilh respect to any goods which arc the Sellers standard stock. No such termination shall reliow the Purchaser or the Scllcr of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thiry (30) days from the date the change or wriummion is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goods sold haecen cr shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be repaired to effect or elideace compliance. All laws and regulations required to be incorporated in lineaments of this character arc hereby incorporated haiin by this reference. The Sella agrees to indemnify, and hold the Purchaser harmless from all tom and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor written consent of the other party. HL TITLE. The Scllcr wsmanta fall, clear and unrestricted title to the Puehaser for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions. reservations. security interest encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This alcase shall apply even in the event of fault of negligence of the party rdeascd and shall cxlend to the directors, officers and employees ofsuch pant. The Seller's contractual obligations. including warranty. shall not he deemed to be reduced, in any way, bmaane such work is performed at caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any dc, ign, device, material or process covered by letter. patent, trademark or copyright. he Scllcr shall indemnifv 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 indemnify the Purchaser for any cost, expense or damage which it may be obliged In pay by reason ofsuch infringement rat any time during the persecution or after the completion of the work. In case said equipment, or any part thereof or 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 Sella shall, at is own expense and al its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment, Or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankma, make an assignment for the benefit of creditors, appoint a receiver or trosta for any of the Sellers prepay or business, this order may, forthwith be canceled by the Purchaser without liabiliy. 16. GOVERNING LAW. The definitions rifleman used or the interpretation nfthe agreement and the rights ofall panics hereunder shall be construed under and governed by the Imvs of the Sala of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to'perfom work hereunder. including the services nfScllere Representative(.,), an the premises hear, rs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wank at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dmtmction or injury to the work and/or materials Wore Scller's final completion and acceptance, complete the work a1 Scller's awn expense and to the satisfaction of the Purchaser. When materials and equipment arc fumishcd by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same al the site and baomc responsible therefor as thermh such materials and/on equipment were being furnished by the Seller under the order. 18. INSURANCE. The Sella shall, at his ass cxpcn e. 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 Inws of the stale in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insmmOce ,in, bodily igjury and death limits oral last S300,000 for any one pcnoa, S500.000 for aa' one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, in provide for such compensation and insurance. Before any of the Scliers or his contractors emplav¢s shall do any mark upon the premises ofothcrs, the Scllcr shill furnish the Purchaser with a certificate that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such arrilicates shall specify the date when such compensation and insurfacc cxpircx. The Sella agrees that such compensation and imaranm shall be maintained until oficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrcby assumes the entire responsibility, and liability for any and a ll damage, loss or injury crony kind or nature whatsoever to persons or Property caused by Or resulting from the execution of the work provided for in this purchase order or in connalinn herewith. The Seller will indemnify and hold hnmrless the Purchaser and any at all of the Pinclu rs olfcens, agents and employees from and against any and all claims. losses. damages. charges, or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act. action, neglect, emission or default on the pan of the Seller, env of his contractors, or any of the Sellers or contractors oRcas, agents or employees. In case any sail or other proceedings shall be brought against the Purchaset. at its officers. agents of employees at any time on account or by rcuon of any act. action, neglect, omission or default of the Sella of any of his contractors on any of its or their Officers. agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expanse, to pay any and all costs, eharga, attorneys fees and other expancs. any and all judgments 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 judgment or other lien be placed upon or obtained aga inst the property of the Purchaset. m said panics in of as a result ofsuch suits or oilier proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or olhawisc. The Scllct and his contractors shall take all safety precautions. furnish and install all gnards necessary for the prevention of accidents, comply wish ail laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and nil mles and regulations issued pursuant thereto. Revised 03/2010