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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9120652 (3)PURCHASE ORDER 912065er Page PO City Of 120652 1 7 of 2 '110,�`t Collin OI l I n C This number must appear �7 on all invoices, packing slips and labels. Date: 05/24/2012 Vendor: 497786 Ship To: STREETS DEPARTMENT MARTIN MARIETTA MATERIALS CITY OF FORT COLLINS 1800 N TAFT HILL RD 625 NINTH STREET FORT COLLINS Colorado 80521 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 5 Concrete & Asphalt ADDENDUM TO PO 9120652 6 Concrete & Asphalt 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 EA 1 LOT EA 300,000.00 100,000.00 Total $400,000.00 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 statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry R4-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict performance of thr terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Rev iced Salaries 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 efor payment for good hereunder or approval of the design. shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the Wamnties 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 wrinee purchaser to insist upon strict perfommnce hcrcofor any of its rights or remedies as to any such goods. n gmdla, instn¢tions fmm the City of Fen Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shill any purported am[ modification or rescission of this purchase order by the Purchaser operate as a Waiver of any of the toms Inspectim. GOODS am subject to the City of Fan Collins inspection 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. authorized payment on the pan of the City of Fen Collins. However, it is to be understood that FINAL. Seller and the Purchaser recognize that in actual economic practice overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofnll 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 herca0er Freight Teams. Shipments most be F.O.H., City of Fort Collins, 700 Wood St. Fen Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the paniculir goods or services otherwise specified on this order. If pmnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pnrehascr pursuant to this purchase order hill must accompany invoice. Additional charges for packing mill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is tribe Purchaser diners the Seiler to comet nonconforming or defective good by a date to be agreed upon by the expected force the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seiler thereafter indicates its inability or unwilliagncc to comply, the Purchaser shipments are made fmm greater distance. may taus. the work to be performed by the most expeditions means available to it and the Seller shall pay all cats associated With such wark. Pcmits. Seller shall Viacom at sellers sole cast all accessary permits, certificates and licenses requited by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political subdivision where the w'ark is performed, at required by any other duly constituted public authority having jurisdiction over the Work of vendor, Seller further agrees to hold the City of Fart Collins harmless 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 requimmenrs. Authorization. All parties to this concoct agree that the representatives are, in fact, bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Isms and conditions stated herein set fanh and any supplementary or additional more; and conditions annexed hereto or incorporated herein by reference. Any additional or di Bercot tents and conditions proposed by tiller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the decuntcnts enriched hereto. No act, of the Purchasers including, acithout limitation, acceptance ofpanial late deliveries shall operate as a waiver of this provision. In the event array 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 far damages, However. the Seller shall not be liable for damages as a result of dclnys due to causes not reasonably foreseeable which arc beyond its returnable control and Without its fruit ofncgligeacc, .such acts ofCod, acts ofcivil or military authorities. governmental priorities, fires, strikes, road, 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 Seller first received knowledge thereof In the event crony such delay, the date of delivery shall be extended for the period equal to the time actually last by rmson of the delay. 3. WARRANTY. The Seiler 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 Performed With the highest degree of care and competence in accordance with accepted .standards far work of o similar nature. The Seller agrees to bold the purchaser harmless fmm any loss, damage or expense Which the Purchaser may suffer or incur on account of the Sellers breach of avamnty. The Seller shall rcplacc, repair or make Sued, without cast to the purchaser, any defects or faults arising within era; (1) year or within such longer period of time as may be prescribed by law or by the term array applicable Wamnty provided by the Scllcr after the date of acceptance of the good furnished hereunder (acceptancc not to be unreasonably delayed). resulting from imperlccr or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver fany claim under this Wnmmy. Exccpt as others,'ise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamatics or guarantees, but such liability shall in no even, include loss of profits or loss cruse. NO LMPI.IFD WARRANTY OR MF,RCHANTABILITY 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 tells. other than legal tells, including additions to or deletions from the quantities originally mdemd in the specificalons or drawings. by verbal or wrinen change auler, If:my such change affects the amount due or the time ref performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by' written change order, teminatc this agreement as to any or all portions of the goods then net 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 for anticipated profits on the uncompleted panion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller With respect to any good Which are the Sellers standard stock. No such Icrminntion shall relieve the Purchaser at the Seller of any 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 lereac Lion is relemd. R. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to Which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character are hereby incorporated herein by this reference. The 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 arith 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 Seiler wamnts fall, 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, iescrvations, security interest encumbrances and claims of othcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature rcs lting from the performance afsuch work. This release shall apply even in the :vent of fault of negligence of the party rdcascd and shall extend to the directors, officers noel employees of such party. The Scllcr's communist obligations, including warsmy, 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. Rnccnever the Scllcr is required to use any design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patcmcd design. device, material or process in connection with the contract, and shall indemnify the Purchaser for tiny cmi. expense or damage Which it may be obliged to pay by reason of each infringement at any time during the prosecution or after the completion of the 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 pan is enjoined, the Seller shall, at its own expense and at its option, either Fracture for the Purchaser the right to continue using said equipment or parts, replace the same With substantially equal but noninfringing equipment, or modify it sus it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknpt, make an assignment for the benefit of creditors, appoint a receiver or trustee 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 ofthe agreement and the rights ofall panics hereunder shall be construed under 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 RepresemntivO,), an the premises nfolhers. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on slid work at Scllcrs man risk until the same is fully completed and accepted, and shall. in ease of any accident, dc,uuetian or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellcr's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by othcrs for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible theocrat as though such materials and/or equipment were bring furnished by the Scllcr under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of markers compensation. including occupational disease benefits to its enoployccs 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 he done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of a, Ices, S300,000 for any one person. S500.000 far any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide fur such compensation and insurance. Before any of the Sellers or his contractors employees shall do any Work upon the premises ofmhers, the Sellershall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecnificates shall specify the date When such compensation and insurance hove been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insumncc shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entity respensibility and liability for any and ill damage. Inns or injury of any kind Or nature whmseever to persons or property caused by or resulting Farm the execution offhe Work provided far in this purchase order or in connection hcrew ith. The Seller Will indemnify mid hold hamiless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses. whether direct or indirect and Whether to person, or property In Which the Purchaser may he put or subject by reason army act, action. neglect omission or default on the pan of the Seiler, any of his contactors. Or 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 a, any time on account or by reason of any act, action, neglect, omission or default of the Seller M any of his contractors or any of its or their officers, agents of employees is aforesaid, the Set ter hereby agrees to ac umc the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judentenis 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 pmpenv of the Purchaser, or mid panics in or as a result of such suits or other proceedings, the Seller Will at once cause the mane to be dissolved and discharged by giving bond or otherwise. The Seller and his conmetors shall take all safety precautions furnish and install all guenls ncccssmy for the prevention of .accidents, comply with all laws and regulations with regard to safety including. but Without limitation, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued parsuant thereto. Revised 03/2010