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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 3215310Fort Collins Date: 01 /13/2015 PURCHASE ORDER Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS CO 80521 PO Number Page 3215310 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Construction Concrete and Asph 1 LOT LS PER TERMS AND CONDITIONS OF BID 7195 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. 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:purchasing@fcgov.com 50,000.00 Pay terms net 30 days 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 DETAIL. Tax exemptions. By statute the City effort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Bar Colorado Revised Statutes 1973, Chester 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure w meet specifications, either when shipped or due to defects of damage in transit, may be rammed as you for credit and are not to be replaced except upon receipt of written instructions from the City effort Collins. Inspection. GOODS are subject. the City of Fon Collins inspection on arrival. Final Acceptance. Rewips of the merchandise, services or equipment in response to this order can result in aurhodaed payment on the pm of the City of Fort Collins. However it is te, be madernood chat FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms Shipmwts noun be FO. B., City of Fort Collins, IN Wood S,, Fort Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in venous pans of the wurmy, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments me made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits cenifmata and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, ternmery 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 fuller agrees to hold the City of Fact Collins harmleu from and against all liability and loss incurred by them by reason of an asserted or enablished violation of any such laws, regulations, ordinances, mles and regwremm¢. Automation. All parties to this wntrmt agree chat me representatives are, is far, bona fide call possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me terms and conditions stated herein set fall and any supplementary or additional terms and wnditions annexed herein or incorporated herein by reference. Any addnonal or different terms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data as noted Time is of the asomae. Delivery and pkafbrman<e must be effected within the time stated an the purchase order and the dest mene anwhed harem. No ace of the Purchasers including, without limitation, acceptance of partial late deliveries, shall cperae as a wover of this provision. In the event of any delay, de Purchaser shall have, in addition to other legal and equitable remedies, the option ofomng this order elsewhere and holding the Seller liable for damages. Howerve, the Seiler shall at be liable for damages as a result of delays due to causes net reasonably foreseeable which are beyond its reasonable carol and without its fault ofnegligence, such acts of God ace of civil or military autltodties, gevernmernd priontick. fires, strikes. Bond. epidemics, wars or noes provided thin notice of the conditions causing such delay is given in the Purchaser within rive (5) days of the time when we Seller first 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 lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mmenals and work covered by this order will conform with applicable drawings, specifications, samples molar 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 my loss, damage or expense which the Purchaser may suffer or incur on accowt of the Sal lers breach of warranty. The Seller shall replace, repair or make good, without now to the purchaser, my defects or fares sensing within one (1) year or within such longer Period of time as may be p ctu nbed by law or by the terms army applicable werrwry provided by the Seller after the data of acceptance of the good famished hereunder (acceptance not be unreasonably delayed). «salting from imperfect or defective work done m materials famished by the Seller. Acceprome m use of goods by the Puchaser shall net constitute a weaver of my claim under this warmnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend w all damages pusurr arr y caused by the breach of any of Ns, foregoing wamntias or guarantees, but such liability shall in no event include loss of profits or loss of use. 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 my changes en the terms, other than legal comer. including additions to or deletions from the qumddes originally ordered in the specifications or drawings, by verbal or wnnew change order. If my such Re change acn d the amount due or e time ofpmmm be wages, erfoace hereunder. equitable adjustment shall ade. 6. TERMINATIONS, The Purchaser may at my time by written change order, terminate this wavmatt ses to my or all portions of the good then not shipped subject to my equitable adjusmtmt between the parties as w any work or materials elm in progress provided that the purchaser shall not be liable for my claims for anticipated profits on the uncompleted Permits of de good mdor work, for incidental or consequential damages, and that net such ad esurnem be made in favor of the Seller with respect w my goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller ofany oftheir obligations as to my good delivered hereunder. G. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WRH LAW. The Seller wanmts that all goods sold hereundr shall have ben preduced, sold, delivered and famished is non compliance with all applicable laws and regulations as which the good are subject. The Seller shall execute and deliver such documews as may be required w eRmt or evidence compliance. All laws and regulations required as be incorporated in agreements of this character are hereby inmryonte i herein by this reference. The Seller agrees to indemnify and hold the purchaser hamleas from all cans 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 wnvry this order, or my motes due or to become due hereunder without he prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted Ede to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security, intern mawblm. well cluots ofoders. IL NONWAIVER Future of to Purchaser to insist upon strict performance of we team and wnditions hereof, failure or delay to y rights or remedy provided herein or by law, failure to pmmpdy notify we Seller in the event of a breach. my acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of Ns, warranties or obligations of this purchase order and shall not be deemed a worker of any right of the purchaser to insist upon start performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, rcceived or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Puchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser reervim that in actual eco uric practice, overcharges resulting from antitrust violations m are in fact hoe by the Purchaser. Theretafore,nfor good cause and as conuderato , for ex«uting this purchase ordm rare Seller hereby assigns to the Purchaser any and ail claims it may now have or hereafter acquired under federal or state andtrast laws for such overcharges relating to the particular goods or service purchased or acquired by the Purchaser pursumtto this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If die Purchaser directs the Seller to correct nanconfomdng or defective goads by a date to be agreed upon by the Purchaser and the Sk lm 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 Seller shall pay all costs associated -In such work. The Seller shall release the Puchaser and its contractors of any tier from all liability and claims of any metre resulting from the performance of such work. This release shall apply wren in the event of fault of negligence of the parry released and shell extend m de diractars. officers and employees of such party. The Sellers wgo." obligations, including werrmty, shall nor be deemed to be reduced in any sway, because such work is performed or caused w be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, me Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patemed design, device, cautioned or process in connection wit the contract, and shall indemnify de purchaser for my cost, expense or damage which it may be obliged 1. pay by reason of such infringement at any rime during the prosecution or after the completion of the work. In case said yulpmwt or my pan thereof or the intended use of the goof, 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 omew. either pr«are for the Purchaser the right to continue using said equipment or pans, replace the same wads substantially equal but nower fonging wuipmmL or modify it so it become wninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an wr6, nowt for the benefit of ere iters, gapoion a receiver or wares, for my of the Sellers propeny or business, this order may fordwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or he inter,wrom of we agreement and the rights of all parries hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Cambiums ms apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative s), on the Premises of others. IT SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk caul the same is fully completed cad accepted and shall, in tie of my accident, destruction or injury to the work andlor nrmrnals before Sellers Beal completion and memories, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, de Seller shall receive, unload store and handle same a the site and become responsible therefor as though such materials miller equipment were being famished by the Seller under the order. 18.INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation. Including occupational disease benefits, to its employees employed on or in wunecorm with the work covered by this purchase order, miller to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited or, contracting and amomobile public liability insurance wit bodily injury and death limits of in least S300,OOo for my one person, $500,000 for my me accident and property, damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employes shall do my work upon the premises of others, the Seller shell furnish die Pumhaw with a certificare, that such wm,scrom en and iresunrrce have them provided_ Such certifcatas shall specify the date who such compermliw and insurance have been provided. Such ceruficars shall specify the dare whin such compensation and insurance expires. The Seller agrees than such compensation and insurance shall be main®red until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and coy or all of the Purchasers officers, agents and employees from and against my and ill dalms, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pmcbmer may be put or subject by reason of any act, action, neglect omission or defmlt on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In cue my two or other pr«mdngs shall be brought against the Purchaser, min officers, agents or employees at arse time oo account or by reason of coy am action, neglect, omission or default of the Seller of my of his comments or any of its or their officers, agents or employees as aforesaid the Seller hereby agree in assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all vests, ch ages, momrys fees and ocher expmsm, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or chair officers, agents or employees in such sots or other proceedings, and in case judgment or other him be placed upon or obtained against the property of the Purchaser, or said parts in or as a result of such suit or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and mend] all guards necessary for the prevention of accidents, comply with all laws and regulations with regard as safety including but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant therew. Revised 0912014