HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9143118Fort Collins
Date: 06/04/2014
PURCHASE ORDER
PO Number Page
9143118 1o12
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 497786
Ship To:
ENGINEERING DIVISION
MARTIN MARIETTA MATERIALS
CITY OF FORT COLLINS
1800 N TAFT HILL RD
281 N COLLEGE AVE
FORT COLLINS CO 80521
FORT COLLINS CO 80521
Delivery Date: 06/04/2014
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 Arthur Ditch, Mtn.& Myrtle
1 LOT
LS
35,418.61
CO #1 Engineering Portion
per change order 1
z Arthur Ditch, Mtn.& Myrtle
1 LOT
EA
4,875.00
Utilities Portion
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasinga@fcgov.com
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
1. COMMERCIAL DETAILS.
Tax exemptions. Ry statute the Ciry of Fon Collins is exampc from state and local uses. Our Exemption Number is
99-10,1503. Federal Excise Tax Exemption Cedifcam of Registry 84.6IXI0581 is registered with the Collector of
Internal Revenue, Denver, Colorado (Re. Colorado Revised Sutures 1973, Chapter 39 26, 114 (a).
Goads Rejected, GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may, be renamed to you for credit and arc not to be replaced except upon receipt of wntma
imrmctlons from the City of Pon Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on ancient
11. NONWAIVER.
Failure of the Purchaser to insist upon unit Performance of the team and conditions hereof, failure or delay to
exacisy rights or remedies provided herein ro or by law, failure to pmptlevent of notify the Seller in the eveof a
breach. the anacceptance of-paymem for goods heeunda or appmva of the design, shall not release are Seller of
any of the warranties or obligations of this purchase order and shall nor be decmed a waiver of any eight of the
purchaser to insist upon strict performance hereof or any of its rights or eemedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or sabsequrnt default heeeundcn nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate ns a waiver of any of the terms
bettor.
Final Acceptance. Receipt of the merchandise, services or equipment in responx to this order can result in
13. ASSIGNMENT OF ANTITRUST CLAIMS.
ambonzed payment on the per of the City of Fort Collins. However, it is to be undersmod thud FINAL
Sella add the Purchaser mcogaire chat in oarlock aromatic portion, overcharges resulting from antiboda
ACCEPTANCE is dependent upon completion oral l applicable squired inspection procedures.
vw aions are in fact home by the Purchaser. Themofore nfor rued came and as wmidemtion for exa fir, Nis
pardon. order, the Sella hereby assigns to the Purchaser any ama all claims a may now have or hereafter
-Freight Terms. Shipments mast be F.O.B., City of Pea Collins, 900 Wood Se, Fort Collins, CO 80522, unless
acquired under federal or state armarmi laws for such overcharges ¢hang to the particular goods or services
otherwise specified on this order. If permission is given f prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser purcuaot to this purchase order.
bit most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in us pans of the coumry, shipmate is
expand from the neuresn dlstrdernum palm to destination, and excess freight will he deducted from Invoice when
shipments are made from greater distance.
Parents. Seller shall procure at sellers sale cost all necessary pertain, andfcon, and licenses required by all
applicable lawn, regulations, ordinances send tales of the stale, municipality, turnery or political subdivision where
the work is performed, or regnifed by any crier duly c... llmted public authority havir,prisdalion over the work
of vendor. Seller further agrees to held the City of Fort Collins harmless farm and against all liability and loss
¢urea by them by am. of as asserted or cushioned violation of my such laws, regulatimu, ordinances, rates
and requirements.
Authorization. All parties an this contract agree that the representatives are, in fact, bane tide mad possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the it. and candidates stated
herein set Fair and any supplementary or additional mmrs and conditions annexed hereto or incorpomred herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PL17ASE ADVISE PURCI LASING AGENI' immediately ifyou cannot make complete shipment to arrive on your
prounced delivery date as remed.l'ime is of the essence Delivery end performance must be affected within the time
stated on the purchase order and the docunoca s attached hereto. No cars of the Purchasers including, without
limitation. acceptance ofpanid late deliveries, shall operate as a waiver offis parobion, In the event ofany delay,
the Purchaser shall have. in addition 1. other legal and equitable remedies, the option al loan, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a It of delays
due to causes not reamnably foreseeable which are beyond its rmeonable commit and without its fault ofireglic nce.
such arcs of God, acts of civil or military authorities, governmental Fortiori fees, stakes, Hood, epidemics, wars or
dots 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 of my 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, mmenals and work covered by this order will conform with applicable
drawings, specifications, samples soarer other descriptions given, will be lit for the pnryoses intended, and
perfumed with the highest degree of care and competence in accordance with accepted standards for work of a
'miler nature. The Seller agrees to hold the purcbacer harmless from any loss, damage err expense which the
Purchaser may sulfa or incur on account of the Sellers breach of wa rday. The Seller shall replace, repair or make
Stood, without cost to the purchaser. any defects or faults ansing within one (I) year or within such longer retied of
time as may be praaihd by law or by the team of any applicable warranty provided by the Seller after the dam of
acceptance of the good famished hereunder (acceptance out to be unreasonably delayed), recultwg team imperfect
or defective work done or coal, famished by the Seller. Acceptance or use of good by the Purchaser shall not
mutilate a waiver of my claim under this wvmnty. Except as otherwise provided in this purchase amber, the Sellers
liability hemmuler anal extend to all damages proximately caused by the breach of any of the foregoing wammla
or preareses, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CI IANGES IN LEGAL TERMS.
The Purchaser may make changes to legal lames by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the mrms. other than legal tames, including addaimm to or deletions from
the gmnlines moginally ordered in the spaincotime, or drawings, by verbal or is nun change order. If any such
change affects the armored due or the time of performance hereunder, an aquilable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may 51 any time by writes change oral oron..... Ibis agreement u an any or all pome- of the
goods then not shipped, subject to any equitable adjustment between the parries as to my work or materials then in
progress provided that the Punctuate shall not be liable for any claims for anticipated profits on the uncompleted
potion of the goods andbr work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respat to any good which arc the Sellers standard mock. No such termination shall relieve
the Purchnsee or the Seller of any of their obligations as to any goad delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mull be asserted whop thirty (30) days from the dole the change or termination is
odeed,
8. COMPLIANCE WITH LAW.
The Seller warrants Rat all goods said herautaer shall have been produced, sold delivered and fumuhed in strict
compliance with all applicable laws and regulations to which the goods nee subject. The Sella shall execute and
deliver such thermosets as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreetaeb s of this character are hereby incorporated harem by this defecate. The Sella agrees to
indemnify and hold are Purchaser haded. farm all cods and damages suffered by the Pureliaser as a.11 of are
Sellers failure m comply with rush 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 reoccur of the other puny.
10. TITLE.
The Sella wotan6 full, clear and unrestricted title to the Purchaser for all eximpmmL materials, and items famished
in performance of this agreement, free and clear of any and all lirm, restrictions, resermmrv. saunty, interest
encumbeences and claims ofathers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
[I the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its mobility or unwillingness to comply, the Purchaser
nay cause the work to be parr need by the most expeditious means available to it, and the Seller shall pay all
...1s reasimed will. such work.
I he Seller shall release the Purchaser and its conmeors of any tier from all liability and claims of my nature
resulting Seem the performance of such work.
'Ibis release shall apply even in the event of fault of negligence of the party released and shall extend ao the
directors, officers and employees ofsuch pony.
The Setters commcmal obbgations, including wareaaty, 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 I. use any design, device, annual or process covered by letter, patent, trademark
ooayn,hL the Seller shall indemnify and save harmless the Purchaser from any and all claims for inflammation
by reason of the use of tech patented design, device, material or process in comment). with the centmm, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan therm( or the intended use of the good, is in such chit held no constitute management and the use of
said equipmcnn or pat is enjoined. the Sella than, at its own expense and at its option, either Finance for the
Purchaser the right to endinue using said equipment or Pans, mplam the same with substantially equal but
neninfringing equipment, or modify it so it becomes commingling.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignment for the bereft of credimrs, appoint a
meaver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the
Purchaserwithoua liability.
16. GOVERNING LAW.
The der idea, of terms used or 0e reintroemtion of the apartment and he rights of al l ponies hereunder shall be
construed under and governed by the laws of he State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the service of Sellers Represamnive(s), oa the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella slut] carry on said work at Sellers own risk until the same is fully complacd and accepted and shall,
in case of my ccident destruction at injury in the work anNor materials before Sellers timl completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are fenished by others for installation or erection by the Seiler, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials cracker equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his owm expense, provide fur the payment of workers compensation, including wome,atimml
disease benefits, to its rndployees employed on or in connection with the work covered by this purchase order,
maker to their dependents in accordance with the laws of the sole in whim the work is to be done. The Seller
shall else carry comprehensive general liability including, but not limited to, mnlructual and automobile public
liability insurance with baddy i alnry and death limits after least $300,00o for my one person, 5500,000 for any
one accident and property damage limit per accident of S400,00i The Seller shall likewise require his
contractors. irany, to provide for such compemation and insueence. Before any err the Sellers or his contractors
employees shall do any work upon the remixes of others, the Sella shall famish are Purchaser i ida a certificate
that such compensation and insurance have been provided. Such ardfcata shall specify the date when such
compensation and insurance have been provided. Such cetificma shall specify the, date when such compensation
and imurence expires. The Sella agrees dial such compensation and announce shall ae maintained unfit after the
entire work as completed and accepted.
19. PROI ECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby noomme, the entire responsibility and liability for any and at I damage, loss or injury of any kind
or nature whatsoever to persons or 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 hornless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether to favors or property to whim the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or conteactars officers, agents in employees. In auto any suit or other
proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time an account or
by reason of any act, action, negle a, omission or default of the Seller of any of his contractors or any oats or
their officers. agents or employees as aforesaid, nine Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any aM all toss, durges, atu mays fat and other expenses.
any and all judgments chat may be inured by or abmined against the Purchase 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 property of the Purchaser, or said ponies in or as a result of such suits or other preaceedings,
the Seller will at once cause the same to be dissolved and discharged by giving hand or otherwise. The Seller and
his contractors shall take all safety prccuutlams, fumiah and install all guards necessary for the pmeadcon of
accidents, comply with all laws and regulations with regard to safety including, but without limimtioq the
Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuanrthereto.
Revised 03R010