HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9140423 (3)City of
FF6rt Collins
Date: 06/25/2014
PURCHASE ORDER
Vendor: 497786
MARTIN MARIETTA MATERIALS
1800 N TAFT HILL RD
FORT COLLINS CO 80521
PO Number Page
9140423 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
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
9 Concrete & Asphalt
Addendum to PO
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
1 LOT EA
200,000.00
Total $200,000.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By stature the City of Fen Collins is exempt fmm state and local rases. Our Exemption Number is
11. NONWAIVER.
98-01502. Federal Excise Tax Exemption Certificate of Registry S4fitp058] is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to
Internal Revenue, Grove, Colorado (Ref. Colorado Revised Saam s 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 O( e
breach, dw acceptance ofo, peyracn for good hereunder or apprm'al of the design, shall not release the Seller of
Good Rejected. GOODS RD ECTED due to (allure nd ,at specifications, either whin shipped or due to defects of
any of the warrantin or obligations of this purchase order and shall tat be deemed a waiver of any right of the
damage in hsmit may be pdumd to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from The City ofFort Collins.
of when shipped, received or accepted, m to any prior or subsequent default hereunder, tar skull any par laded
and modification or rescission of this purchase order by The Purchaser opemre as a waiver of any of the terms
Inspection. GOODS arc subject to hie City of Fen Collins impaction on arrival.
hareaf.
Final Acceptance. Receipt of to, merchandise, Services or equipment in response to This order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aothomed payment on the perm of the City of Ford Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in .tad ec is Practice, overcharges resulting from mtihost
ACCEPTANCE isdependentuponmmpletimofallapplimble requital inspection pmeedures.
violations we in fact home by the Pumhmcc Theretofore, for good wise and as comidemtion for extending This
purchase oiler, The Seller hereby assigns to the Purchaser any and all claims it may pow have or tanager
Freight Toms. Shipments most be F.O.D, City of Fan Collins, 700 Wood St-, Fan Collins, CO 80522, unless
required under federal or State antitrust laws for such overcharges relating to the particular good an services
otherwise specifd on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to This purchase Odl
bill most....as im iw. Additional chamber for oackine will not be accemN.
Shipment Distance Marc manufacturers have distributing points in various pars tof the country, shipment is
expe
cted from the meant dinriboim palm ad di,mmumion, and excess freight win be dductd from lnvaice, when
Shipments arc made from greater distance.
Permits. Seller shall prornre at sellers sole cost all necessary, permits, certificates and licenses required by all
applicable lows, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly comtimted public autbordy having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss
incurred by them by reason of an assured or established violation of any such laws, regulations, orinances, rules
.ad requirements.
Authorization All panics m this contract agree that the representatives are, in Net, from fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Panel mse Order expressly limits acceptance to the terms and conditions stated
herein to tooth send any supplementary or additional terms and conditions annexed hereto or incorporated hert by
refrenee. Any additional Or dirtier temp and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted Time is Of the csscnce. Delivery and performance must be effected within the time
seed on the pa.hS,e aide, and the dcmnmenB attached hereto. No acts of The Puramears including, without
limitation, acceptance arterial late deliveries, shall cinema, as a waiver of this provision. In the event of any 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 for damages. However, The Seller shall tat be liable for damages as a result of delays
due to causes Out reasonably, Noticeable which are beyond its rmsomble control Said without its fault of negligence,
such acu of God, acts ofeivil or military authorities, governmental priories, fires, stokes, Rood, epidemics, wars or
not, provided that notice of the condition causing such delay is given to The Purchmer within five (5) days of the
time when The Seller first received knowledge thereof. In the event of any such delay, The Time of delivery shall be
extended for the period ryual Ta the time actually I., by reason of The delay.
3. WARRANTY.
The Seller woman, that all goad, anidrs, materials and work covered by This order will confmm with applicable
drawings, specifimlmed. samples and/or order descriptions given, will be fit for The purposes intended, and
performed with The higher degree of care and compecm'e in acc mda..e wall accepted standard for work of a
similar more. Tire Seller agrees to held The pumbascr hatless from any loss, damage or expense which the
rc Puhaser may suR or incur on account of hie Sellers breach of warranty. The Sella shall replace, repair in make
good, without err to The purchadeh any defects or faults arising within one (1) year or within such longer period of
time. may be presmbcd by law or by the a. army applicable warr.nty provided by the Sella after the Time of
acceptance of The good bloodshed hereunder (acceptance not to be unremombly delayed), resulting fmm imperfect
or defective work done or materials fumuhd by the Seller. Acceptance or mad of goods by The Purchaser shall not
Omtimte a waiver of any claim under This warranty. Except os otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of The foregoing commit ex
or guarantees, but such liability shall in no event include lass of profis or loss of ose. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal semis by wrlmn change Out
5. CHANGES IN COMMERCIAL TERMS.
The Purchmer may make any changes to the terns, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by vector or Orman change order. If any such
change effeGs the mount due or the time of perfnrmanm hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchmer may in any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchmer shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and That no such adjmtment be made in
favor of the Seller with respect to any good which art the Sellers standard stock. No such ter inafion shall relieve
the Purchaser or the Seller Treaty of India obligations as to my good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termimtion is
ordered.
B. COMPLIANCE WITH LAW.
The Sella wamamas that all good sold he ctra e, shall have been produced sold, delivered and brandished in strict
omplia de with all applicable laws and regulations to which the good are subject The Seller shall execute and
deliver such documents To may lit required to effect or evidence compliance. All flux and regulations requird to be
incorporated in agreenenu of This camera are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold hie Purchaser harmlem form all casts od damages suffered by me PUTchoser m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall at ..far, or c.mey his order. or any monies due or to become due hereunder without the
prior wrinen... of The other party.
10. TITLE.
The Sella wamnis Nit, clear and unrestricted title to The Purchmer fen all equiptrnt maerials, and it. f ishd
in ptabourconce of Nis agreement, free and clear of any and all liens, restrictions, reservations, scaury interest
enommbranaes and calms ofothcn.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser dince s he Seller to correct nonconforming or defective goads by a done m be agrend upon by The
Purchaser and the Seller, and The Seller Nereaner indicates its imbiliry or unwillingness to comply. the Purchaser
may cause the work to be performed by the most expeditions means available to it, and The Seller shall pay all
coats associated wit such work.
The Seller shall release The Purchaer and its contractors of any tier from all liability and claims of any wore
resulting frvm the performance of such work.
This release shall apply even in the event of fault of negligence of The parry released and shall extend to the
directors, officers and employees of such parry.
The Shceer contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENT S.
Wlmneecr the Seller is required to use any design, device, mated.] or process covered by letter, parent, trademark
or copyright, the Seller shall indemnify and save hannlrss the Purchaser from any and all claims for infringemem
by reason of the use of such patented design, device, material or process in connection with the contract, 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 thereof or the intended use of the good, is in such suit held to constitute infringement am The use of
said equipment or Ran is enjoined, The Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using Slid equipment or ham, replace The same with substantially expand but
no arfir gin, equipment in, modify it so it becore, nnniufnging.
I S.INSOLVENCY.
If the Seller shall become insolvent or b pt make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, This order may forgot be canceled by The
Purchaser without liability.
16. GOVERNING LAW.
The defpnitiom of Tema osW or the interpretation of the agreement and The rights of all parties hereunder shall be
occurred under cod generated by The flxs ofthe State of Colorado, USA.
The fallowing Addtioml Conditions apply only in cases where Use Seller is to perform work heremder,
including the services ofShcm RepresenativKs), on the premises ofmbers.
17. SELLERS RESPONSIBILITY,
The Seller Shall aany on said work a Salle, own Tick unfit the same is fully complerel and accepted, and shall,
in ace of any incident, destruction or injury to The work andsor materials before SellePs fad completion and
acceptance, complcm The work at Sellers own expense ard to the satisfaction of the Punchiest, When materials
and ryiiipmem ere famished by orders for instillation or erection by The Seller, the Seller shall receive. unload.
store and handle same at The site and become hemomible therefor as though such materials andnor equipment
were being furnished by The Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compemation, including occupational
disease benefits, to its employees emplTyd on or in connection with The work covered by this purchase order,
and/or to their dependents in accordance with the laws of the &rate in which the work is to be done. The Seller
Shall Six. carry, comprehensive general liability including, but not limited an, infor mal and automobile public
linbil pry insumnm with bndlly injury and death limits of at tease $300p00 for any on, penun, $500,WU for any
one accident and properly damage limit per accident of $400,W0. The Seller shall likewise require his
if any. m provide fur Such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish The Purchaser with a certificate
that such compensation and insurance have been provided. Such ceniticstes Shall e,dciry the data when Such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and ansurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes The entire responsibility sod liability for any and all damage, loss or injury, army kind
or nature whosoever to persons or property caused by or resulting from the execution Tfthe work provided for in
,his pumhase order or in conmmion herewith The Seller will indemnifv and hold harmless the Purchaser and any
r all of the Purchasers officers, agents aid employees from and against my and all claims, losses, damages,
charges or expenses, whether direcr or indirect, and whether m persons or Property to which the Purchaser may
be put Or subject by reason of my act, action, neglect, omission or default on The pan of the Seller, my of his
contractors, or my of the Sellers or contractors officers, agents o employees. In case any suit or other
Forecast shall be, brought agaimnhe Purchmeq or its oRcers, agenu o employees at my time ...count or
by reawn of my .t .hon, neglecr, omission, or default of the Seller of any Of his contractors. my Of Its or
Their officers, agents Or employees as Staff The Seller hereby agrees to assume the defame thereof and la
defend the same el Ne Sellers own a.,., to pay any and all costs, charges, anarneys fur and other expenses,
any and all judgmma that may be i.uncd by Or abawcd against hie Purchaser or my of its o their oRcers,
agents or employees in such suits or other proceedings, and in race judgment or other Iran W pfced upon or
Obtained against de property of the Purchmer, or said parries in or as a result of such suits or other proceachap,
The Seller will in once came the same to be dissolved and discharged by giving heed or otherwise. The Sadler and
his contr.tors shall take all safety pT.amiom, famish and moduli all guard necessary fur The prevention of
accidents, comply with all laws and regulations with regard to safety indent but without limitation, The
Ottupaimed Safety and Health Act of 1970 and all tales and regulations ismd pursuant thereto.
Revised 03nO10