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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9140423 (4)Fort Collins Date: 08/21/2014 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 re Concrete & Asphalt 1 LOT EA 50,000.00 Addendum to PO ii Concrete & Asphalt 12 Concrete & Asphalt 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.wrn 1 LOT EA 1 LOT EA 200,000.00 300,000.00 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt boom stale and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60(1 is registered coif the Career., of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973. Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECfED due m Plum 1a meet spalficadon, either when shipped or due 1e defects of damage in transit may be relumed to you fob credit cool are not to he replaced except upon receipt of is. instructions tram the City of Fort Collins. Inpenion. GOODS are subject to me City c f Pan Collin impaction on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this oNer ran molt in authorized paymrnr on the pm of the City of Fon Catlin. Hawevan. it ism be understood Ihat FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Tents. Shipments most be F.O.D., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless aferwise spttifed oa this order. If permission is given no prepay freight and charge sepaamly, the original freight bill must accomnanv invoice. Additional chambers for nckine will not be accented. Shipment Distance. Where manufacturers have distributing points in various pan of do, country, shipment is expected from the neared distribution point to decimation, and excess freight will he deducted from Invoice when shipments are made from Factors, domain. Prtmits. Seller shall procure al sailers sole cost all necessary permits, cmificates and licroses required by all applicable laws, regulations, ordiances and roles of the sate, municipality, temmry or political subdivision where the work is Performed, or required by any other duly constimmd public authority having jurisdiction over the work of vendor. Seller further agrees la held the City of Fon Collins harmless from and against all liability and lass incurred by them by reason of on asserted or established violation of any such laws, regularious, ordinances, roles and requirement. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS 'Ibis Purchase Order expressly limors acceptance to the moms and conditions stated herein set forth and any omplementory or additional moors and conditions annexed hereto or incorporated herein by reference. Any additional or different tears and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery and performance most be ercmd within the time stated on the purchase order and the documents attached hereto. No erns of the purchasers including, without limitation, acceptance ofrontal Irate deliveries, shall operate as a waiver of fis provision. In the event many delay, the Purchaser shall have, in addition to other legal and equiable remedies, me option of placing this order elsewhere and holding the Seller liable far damages. (however, the Seller shall not be liable for damages a a result of dalays due to causes not womanly (turnable which are beyond its reasonable encountered! without its fault c f negligence, such acts of( ad, acts ofeivil or military autheritiu, governmental priomles, fin, strikes, rod, epidemics, wars or tines provided thin native of the condition causing such delay Is given m the Purchaser within five (5) days of the time when me Seller firse received knowledge mcmof. In flat event of any such delay, the date of delivery shall be exteMed for the period equal to the time aceally lost by remain of the delay. 3. WARRANTY. The Seller warrants that all good. articles, materials and work covered by this aster will conform with applicable dawims, specification, samples soaker other description given, will be fit fro the Purpeses terminal and performed with the highest degree of care, and competence in accordance with accepted standard for work of a imilar atum. The Seller agrees Io hold the purchaser harmless from any loss, damage or expme which ,he Pumbasrr may su1T or mention account argue Sellers breach of warmaty. The Seller shall replace, repair or make good, without cost to the pumbasea any defects at faults arising within one (1) year or within such longer period of time as may be prucribcd by law or by the mass of any applicable wurrdny provided by the Seller after the date of acttptana of the goods famished hereunder (acrptaner not to he unreasoably delayed), manking from contractor, or defective wok done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall act onstrate a waiver of any claim under this wamnsy. Except as otherwise provided in this purchase arch, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or prountrns, but such liability shall in no giant include loss mpoofier, or Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Porchsser may make changes to legal corms by warms change arder. 5. CHANGES IN COMMERCIAL TERMS. The Purchusor may make any changes to the limns, other than legal terms, including additions to or deletions from the gmmumau originally ordered in the specifirntions or drawings, by verbal or wnnut change order. If any such change aRects tle at I due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. 'the Purchase, may a any time by wriuen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods source work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchsser or the Seller crony of their obligations as to any goods delivered fierewder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment thus, Im asserted within thirty, (30) days from the doe me change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and f imbed in inner dompliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and eliver such documents n may be required to effect in evidence compliance. All laws and regulation required to be recommitted in agreements of this character arc hereby incomemmd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless f all casts and damages suffered by the Pmcla ar as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither paty shall resign, transfer, or convey this order, or any reaniu due or to become due herewder without the poor whom content abbe other parry. 10, TITLE. The Seller warrants full, clear and committed title tome Purchaser for all equipment, materials, and items finished in performance of this agreement, fro and elect of any and all lien, meiction, m rnation, security interest encumbrances and claims of others. I I. NONWAIVER. Failure of the Purchaser to insist upon stria performance of the terms and conditions hemoE failure in 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 ofor payment for good hereunder or approval wilm drugs, shall not release me Seller of any of the warmmlm or obligation of this purchase order and shall rot be deemed a waiver of any right of me purchaser to most upon strict performantt hereof or any of its rights or remedies as W any such goods, regardless of when shipped, received or accept W, or to any prior car subsequent default hamoMe, nor shall any proportion oral of or rescission of this primitive order by rise Purchaser operate as a waiver of any of me terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Practitioner recognize that in areal mention, practice, a enharresu lting ulting from antimcst violation ere in fact name by the Parchaer. Theretofore, far good cause and as exmidemlon for executing this amahase order, the Seller hereby assign to me Purchaser any and all claims it may now have or hereafer acquired under federal or state rudiment laws for such overcharges relating to the punicrdar goods or smaces purchased or acquired by the Purchaser pursuant to this pmchnse aMtt. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to W agreed upon by the Pumhaer and the Seller, and the Seller thereafter iMicates its inability or movillingness to comply, the Pumhaer may cause the work to br perforated by the most expedition mean available to it, and me Seller shall pay all casts asociated with such work. The Seller shall release the Purchaser and 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 event of fault of negligence of the parry released and shall extend to the directors, officers and empluytts of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused an be performed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lener, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchase, Gom any and all claims for infringement by reason of the use of such oriented design, device, material or process in connection with the contract, and shall indemnify the Purchaser fur any cast, expense or damage which it may br obliged m 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 m constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expears, and at its option, either procure for the Purchaser the right to continue using said equipment or pant, replace the same with substantially equal but noninGinging equipment, or modify it so it becomes onninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the beat of creditors, appoint a receiver or trustee for any of the Sellers property or business, thus ceder may forthwith be canceled by the Perform without liability. 16. GOVERNING LAW. The defnitiem of tears used or me interpretation of the agreement and the rights craft farms heremmm shall be couswed tubtt and governed by dre laws ofdre Sam of Colorado, USA. The following Additional Condition apply only in cos.s where the Seller is to pert wok hemsnder, including the services ofSallm Reyreserti ive(d. oo the pmnis es of others. 19. SELLERS RESPONSIBILITY. The Seller shall way, oa said work or Sellers own risk uvtil the same is flly completed and accepted, and shall, in se of any accident destruction or injury to nor work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchni When materials and equipment are famished by others for instillation or inaction by the Seller, the Seller shall receive, unload, store and haldle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller small, at his own expense, provide for the payment of workers compensation, including occupational disease beriefits, to its employees employed on of in correction with the work covered by this purchase order, mirror to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry contpnclan ive general liability including, bill not limi,ed to, economical and automobile public liability insurance with Indily injury and death limits of at least S300,000 for any one persory 8500.000 for airy car accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his m tradas, it any, to provide nor such compenaim and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation rand insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind thnature wifirwi r to person or property caused by or resulting from the execution order work provided for in is purchase order e, in connection herrwif. The Seller will indemnify and hold harmless the Pwebacr and any or all of the Pumhmers officers, agents and employees from and against any and all claims, losses, damages, charges or carcasses, whether direct or indirect. and whether to persons or property to which the Par fewer may b, put or subject by ream of any act action, neglecn, manisma a, default our the Prat of the Seller, any of his contractors, or any of the Sellers or contractors offers, agents or employees. lin case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by mamas of any raft, action, neglect, omission or default of the Seller of my of his contractors many of in or their afTcers, agents or employees as of said, the Seller hereby agrees to assume the defame thereof al to defend the same at the Sellers own expense, to Pay any and all costs, charges, mane or fees and one, expenses. any ad all judgments that may be incurred by or obtained against me roommate or any of its or their officers, agents or employees in such arder or other proceedings, caul in case judgment or office lien be placed upon or ohtaimd against the property of the Putchnm, in said parties in or as a result ofsuch suits or other proceedings, the Seller will in once eau¢ the same to h dissolved and drachaged by giving bond or otherwise. The Seller and his mntmemrs shall take all safety precaution, famish road iustall all guard necessary for the Intervention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, me Occupatioal Sa(cry and Health Act of 1970 and all Lulu and regula,iem issued pursuant feMo. Revised 071D014