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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9140423 (2)PO PURCHASE ORDER 914042er Page City of PURCHASE 9140423 1 of 3 ' `t Collins This number must appear ` ` on all invoices, packing sli s and labels. Date: 06/06/2014 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: 01/15/2014 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 1 LOT EA 100,000.00 Addendum to PO 5 Concrete & Asphalt 1 LOT EA 20,000.00 7 Concrete & Asphalt 1 LOT EA 200,000.00 a Concrete & Asphalt 1 LOT EA 200,000.00 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@fogov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 130 PURCHASE ORDER 914042er Page City of PURCHASE 9140423 2 of 3 ' `tChisnumbermustappear Collins1 1�7 on all invoices, packing sli s and labels. 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 Total $520,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 J. COMMERCIALDEPAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cerrificnte of Registry 84-6000587 is registered with he Collision. of Failare of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to formal Revere, Denver, Colorado (ReL Car.radu Revised Sm tans 1993, Chapter 39-26, 114 OT exercise any rights or remedies provided herein or by law, filure to promptly notify the Seller in fe event of a breach, the acceptance ofor payment for goods hereunder or approval at the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure 10 min specifca car s, either when shipped or due to defects of any of the warranties or obligations of this purchase under and shall not be deemed a waiver of any right of ire damage in torsi[, may be retuned m you far credit and are not to be replaced except upon receipt of wrinen Purchaser to insist upon meet performance heated or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received nr accepted, as to any prim, or xubsequa, default hereunder, cor shall any purported oral modificthion or rescission of this Produce outer by the Puchaer opera , as a waiver of any of ire It — Inspection. GOODS are subject to the City of ran Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, service s or epme ipnl in response ro iris oNer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment On the Pan of the City of PonCollins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon atmplelion ofell applicable rexoired inspection pmandam:violations um in had home by the Purchaser. I heretofore, for pod cause and as consideration for executing this purchase order, the Seller hereby assigns 1. the Purchaser any and all claims i, may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or sure anlilmsl laws for such overcharges relating to the particular goads or services mherwise specified on ibis oNer If permission is given to prepay freight and charge separately, fir, original freight purchased or ecxuieed by the Purchaser pursuan m his pomhase order. bill most a rearem v, invoice. Additional chances In, pecking will nut W accepted. Shipment Distance. Where manufacturers have distributing points in vatioas pans of the country, shipment is expected from the nearest distribution point to datinaion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Peanuts. Seller shall Pmcme at sellers sale cost all necessary permits, certificates and licenses or,m.el by all applicable Inws, updahons, ordinances and tales of [lie state, municipality, territory or political subdivision where the work is performed, ar roxuired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees In hold the City of Fiat Collies hamticss from and against all liability and loss recurred by them by reason of an assened or established violation of any such laws, membranous, ordinances, rules and requiremenu. Authorization. All parties to this common agree that the representatives art, in fact, bum fide and provers full and complete autM1orim In bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplemenary or additional torts and conditions annexed hereto or inwryorated herein by reference. Any addi meal Or different mmu and conditions proposed by seller are Objected to and hereby r Jecrd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery date aw oared. Time is of the essence. Delivery and performance taus, be, elfberd within he time stated on the purchase Order and the documents atlaelrd berem. No acts of the Purchasers including, without lim ustion, Occurrence of Randal late deliveries, shall arcane as a waiver of this provision. In the ever of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, he option of placing this aide, elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due m causes no, retamabty himmetable which arc beyond its reasonable control and without its fault of negligence, such so, of God, acts of civil or military .11..ilit5, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that solive of cis conditions eausing 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 any such delay, the date of delivery shall W extended for the period excel to the time actually Imt by come. offe delay. 3. WARRANTY. The Seller tremens that all goods, anicles, mmerials and work covered by this oNer will conform with applicable drawings, ep riGcatiens, 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 for work of a 'mila. nature. The Seller agrees 10 hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wonamy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults mixing within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (accptace not to be umesaormbly delayed), resulting from imperfect or defective work done or materials banished by the Seller. Acceptance or use ofgoods by the Purchaser shell not institute a waiver of any claim under this contrary. Except as otherwise provided in this purchase oNer, the Sellers liability hereunder shall extend to all damages pmximarely caused by the breach of any of fire foregoing warranties or guammees, but such liability shall in an event include lass of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. I he Purchaser may make changes to legal corms by written change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tenor, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by ranked or women change order. Irony such change affeets the amount due or the time ofperfomrance hereunder, an reputable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by wrmen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any egnimble adjustment between the panics as to any work or tam aials then in progress Provided that the Purchaser shall not he liable for any claims for ;anticipated pmfits 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 respect to any goods which arc the Sellers srandund stock. No such termination shall relieve the Purchaser or the Seller ofeny of their obligations as to any grads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mud be asserted within thirty (30) days from the date the change or termination is mdood. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads 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 requital to effect err evidence wmplianre. All laws and regulations required to be ncorpnmred in agreements of this diameter arc hereby mormfom[ed herein by this reference. The, Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser res a result of the Sellers failur to comply with such law_ 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this Omer, or any monies due or to become due hereunder without the prior written consent Of the other party. 10. FULL. The Seller warn¢ full, clear and amestrined ❑tle to the Purchaser, for all named. matenals, and items humiliated to perform of this agreement, fee and clear of any and all lints, restrictions, reservations, secunry interest n ecumbrances; and claims of refers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to court nonconforming or defective gmls by a dare to be agreed upon by the Purchase, and the Seller, and the Seller thee after usticams its inability or unwillingness to comply, the purchaser may cause the work to be per( ed by the most expeditious means available to it, and the Seller shall pay all ,was associated with such work. The Seller shall release Ore Purchase, an I its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the even, of fault of negligence of the parry released and shall extend to the abutments, indirect and employees of such Reny. The Sulkies contractual obligations, including wananry, shall not ho deemed to be, reduced, in any way, because such work is performed or caused 10 be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, maternal or process covered by butler, patent, trademark or copynda, the Sell,, shall indemnify and save hamd,ss the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, matenal or process in connection with the eontmd, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infrop ment at any time during the prosecution or after the completion of the work. In case said alulpmem, or any For therm(or the intended use of the goads, is in such suit Judd a constitute infngement and ire use of said equipment or pan is mfoined, the Seller shall, at its Own espenu and at its option, either precure far ire purchaser the eight to continue using said equipment or gains, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noniufnnging 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint e m nasae for any of the Sellers property or business, this oNer may forthwith be conceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used or the interpretation oflhe agreement and the rights ofall panic hereunder shall be caoswed under and governed by the lawn 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 Represemalive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work at S,Ilers own risk until the same is fully completed and accepted, and shall, case of any accident, deroucnon or injury 10 the work cadbr materials before ScII&a final completion and ameRance, complete the work a, Sellels own expense and to the satisfaction of the Purchase, When materials and cxuipmenl are fumuhed by others for installation or erection by the Seller, ire Seller shall receive, unload. mare and handle same a1 the site and Not responsible therefor as though such materials and/or extreme., were beirrg famished by the Seller under the order. 18. INSURANCE:. The Seller shall, ar his own expense, provide for the payment of workers compettsation, including occupational disease bene0ts, 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 laws of the state in which the work ¢ m be done. The Seller shall also carry comprehensive general liability including, bar rem limited a, emonarmol and automobile public liability insurance with bodily injury and death limits of at how, S300,000 for any one person, S500,000 far any e accident and Paraguay damage limit per accident of S400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any offe Sellers or his contractors employees shall do any work upon the prmises of others, the Seller shall famish the Purchaser with a cenificam that such compensation and insurance have been provided. Such cenifcars shall specify the date when such ompe coition and irrsumnce have been provided Such eenifcates shall specify the dale when such compensation and insumuce expires. The Seller agrees that such compensation and insurance shall be mainained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire reepamibility and liability for any and all damage, loss or injury ofany kind or ame, whatsoever to persmts 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 bamdess the Purchaser and any r all of the purchasers ofTeers, agents and employers from not against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether a persons or proper y to which the Purchaser may be par or subject by reason of any a,,. action, neglect, omission or default oa he pan of the Seller, cony of his contractors, (it any of the Sellers or conmactor, officers, agents or employees. In case any suit or other pruceediny shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his examinations or any of its or their onicen, agents or employees as afomssid, ire Seller hereby egress to assume the defense herenf and an defend Use same at the Sellers awn expense, to pay any and.11 coca, charges, anmocy, fees and other experees, any and all judgmen s that may be, mart trod by at obtained against floe Purchaser or any of its or their oRcers, agents or employees in such suits or Other pmeeedings, and in case judgment or other lien be, placed upon or obmined against ire pmpeny offe Purchaser, or said patties in or as a result of such suits 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, famish and Insrll all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safely including, but without Imumlion, the Occupational Safety and Health AG of 1970 and all rules and regulations issued pursuant thereto. Revised 03=0