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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9150643PO PURCHASE ORDER 915064er Page C117/ of PURCHASE 50643 1 of 3 ' `tCollins( This number must appear V " on all invoices, packing sli s and labels. Date: 01/27/2015 Vendor: 497786 Ship To: STREETS DEPARTMENT MARTIN MARIETTA MATERIALS CITY OF FORT COLLINS 1800 N TAFT HILL RD 625 NINTH STREET FORT COLLINS CO 80521 FORT COLLINS CO 80524 Delivery Date: 01/27/2015 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 Ordered UOM Unit Price Extended Price 1 2015 ASPHALT 1 LOT LS 200,000.00 terms and conditions of bid 7377 2 Concrete & Asphalt 1 LOT LS 15,000.00 3 Concrete & Asphalt 1 LOT LS 300,000.00 4 Concrete & Asphalt 1 LOT LS 300,000.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9150643 2of3 This number must appear on all invoices, packing sli i and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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.mm Total $815,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrlls and Conditions Page 3 of 3 I. COMMERCIALDETA11S. Tax exemptions. By smtute the City of Fort Collins is exempt from state and local taxes. Our Exemption Numbs is 98-M502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Smtmes 1973, Chapter 39-26, 114 (a), Good Rejected. GOODS REJECTT ED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Pon Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an much in uu mnared paymrnt on the pan of the City of Tom Collins. However, it is as b< understoc l that FINAL ACCEPTANCE is dependent upon completion ofell applicable required inspection procedures. Freight Terms. Shipments must be P.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay Bright and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Dismnce. Where manufacturers have dislrianing points in various pans of the country, shipment is expectd from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Prnnits. Seller shall Fracture at sellers sole cost all necesvry, permits, ceffncams and licetua requred by all applicable laws, regulation, ordinances and roles of the stare, municipality, temmry err political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Tom Call ins harmless from and against all liability and loss incurred by them by reason o1an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contact agree that the morourstives are, in fact bona fide and possess full end complete authority in bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits severance to the Tema and conditions stated heroin sat reach and any supplementary or additio eel terms and conditions annexed hereto or interactions] herein by reference. Any addmisial or different coma and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot stake complete shipment to active on your promised delivery date in noted. Time is of the essence. Delivery and performance muses be fREctcd within the time smted on the purchase order vad the dowmarts ejected harem. No sets of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision, an the event of any delay, the Purchaser shall have, in addition to other legal and muimble remedies the option of placing this order elsewhere and holding the Seller liable for damages. However, The Seller shall not be liable far damages as a result of delays due to reuses not reoeonably forewable which am beyond its reasonable emtml and without its fault of negligence, such errs of God, acts ofeivil or military authorities, govemmmml priorities, f s strikes, Road, epidemics, wars m rims 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 therm[ In the event of my such delay, the dam of delivery shall be extended for the period mal to the lime actually Ins, by reaon ofine delay. 3. WARRANTY. The Seller warrants that all gates, Articles, materials and work covered by this order will realrm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with fie highest degree of care and competence in accordance with accepted standards for work of a similar more, The Seller agrees to hold the purchaser harri from my loss, damage or expense which rise Pu cl aster may mil or incur on account of the Sellers breach of waanty. The Seller shall replace, repair or make good, without rest to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by Re tents of my applicable werarmry provided by the Seller ofn the dam of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect ar defective work done or materials f ished by the Seller. Acceptance or use of goods by the Purchaser shall net onstifte a waiver of any claim under this warranty. Except as othemise provided in this purchase order, the Seller liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing warranties or guarantees, but such liability shall in era event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI LatLL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES M COMMERCIAL TERMS. The Purchaser may make any changes ro the tenor, other than legal terms, including additions no or deletimss from On quantities originally ordered in the specifications or drawings, by verbal or worm change order. If any such change affects the amount due or the time ofperfarmace hereunder, an equitable adjustment shall Ix made. (.TERMINATIONS. Ile Purchaser may at any time by written change order, terminate this agreement as to any err all portions of the goods then not shipped, subject In any equitable adjustment between the parties as Iq any work or na erieU then in progress provided that the Purchastt shall nM be liable far 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 cement to any goods which are the Sellers smndard smek. No such termination shall relieve the Purchaser m the Seller army of their obligations u to my good delivered hertundm. 7. CLAIMS FOR ADJUSTMENT. t Any claim for adjustment man be asserted within thirty (30) days from the doe the change or termination is m1mcd. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws vad regulations nyaired to be incorporated in agreements of this character are hereby untrimmed herein by this reference. The Seller agrees m indemnify and hold the Pantheon hammless form all costs and damages tailored by the Purchase as a result of the Sellers failure m comply wits such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor wrnen consrnn m"m after parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser far all equipment, malerials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest mcumbrences sand claims.feathers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance, of the arms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment 1'or goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hoomfor any of its rights or remedies As to my such goods, regardless of when shipped, received or accepted, as he my prior or subsequent default hereunder, near shall any purported oral modification or reuission of this purchase order by the Pmeboser operate as a waiver of my of the terms hermf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchase recagniae that in actual ecnomga it practice, o ercharresulting from antitrust violations arc in fact home 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 acquired under federal or sum m1nman laws for such overcharges relating to rate parimlar goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be, agreed upon by the Pmchaver and the Seller, and the Seller thromer indmance its inability m unwillingness m comply, the Purchuer may waste the work m be performed by the most exµditimm mans available tp it, sort the Seller shall Pay all ores associated with such work. The Sella shall release the Purchaser and its ca tacaors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend m the directors, of keys and employees of such any. The Sellers continental obligations, including warranty, shall nor be directed 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 Ins use any design, device, material or process covered by lever, patent, tademak or copyright, the Seller shall indemnify 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 suntan, 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 egnipmem, or any Than thereof or the intended use of the good, is in such suit held to constitute inGngement and the use of said cympment or pan 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 pros, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes maninfringing IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment fro the benefit of emblem, appoint a receiver err trustee for any of the Sellers property ar business, this order may fochwirh he renceled by the Purchaser without liability. 16. GOVERNMG LAW. The definitions armors, used or the Interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe State ofColcmde, USA. The following Additional Conditions apply only w cases where nine Seller is to perform work hereunder, including the services of Sellers Rmreaemmftve(s), on the premises ofothers. II. SELLERS RESPONSIBILITY. The Seller shall carry, m said work at Scllefs sun risk until tee same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work ad/or materials before Sellers fool completion and acceptance. complee the work al Sellers own expense and to the satisfaction of the Puchaser. When mmenals and equipment are famished by orders for install,mon 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 magm equipment were being fmished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupwioal disease benefits, to its employees employed on or in correction 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 be done. The Seller shall also carry comprehensive general liability including, but rmI limited to, contrecmal and automobile public liability insurance with bodily injury and death limits of at lent S300,000 fear any one person, 5500,000 fro any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his commemrs, if any, to provide for such compensation and insurance. Before my ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchuer with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificales shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mainminsd until otter the mfire work Is mentioned and receptor. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for my and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from dye execution ofthe work provided fur in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Putchasn and any cr all of the purchaseofficers, agents and employees from and against any and all claims, losses, damages, purchasers, harges or expenxe, whether direct or indirect, and whether to persons or property m which the Purchuer may be put or subject by reason or any act, action, neglect, omission or default an the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any sail or other proceedings shall be brought agpain lie purchaser, or its officers, agents or employers at any time on woman, or by reason of any act, action, neglect, omission or default of the Seller of any of his rennactors or any of its or their officers, ¢&eats or employees u aforesaid, the Seller hereby agrees to assume Be defense, thereof and to defend the same at the Selina own expense, to pay any and all cents, charge, attorneys fees and other expenses, any and all judgments that nay be incurred by err obtained egaimt tee Purchaser or any of ins or their officers, agents or employees in such an an other pmcedings, and in case judgment or can lint his placed upon or obtained against the property of the Purchuer, or said parties in in e a result ofsuch suits or other proceedings, He Seller will at ones reuse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and insall all Bards necessary 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 rules and regulations issueit pursuant therem. Revised 01Q014