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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9142209 (2)Fort Collins Date: 09/10/2014 PURCHASE ORDER Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS CO 80521 PO Number Page 9142209 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: 04/18/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 2014 Asphalt Contract 1 LOT EA 3,948.95 Change order 2 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 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDEFAILS. Tax exemptions. By statute the City of Pon Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NON WAI V F.R. 98-04502. Fedcml Excise lax Exemption Cenlficam of Registry 84-6W0582 is registered with the Collector of Failure of the Purchases to insist upon strict perficom nee of the tames and conditions hand, failure or delay to Intend Revenue, Drnver, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly nmify be Seller in He event of a breach, the occcptancc of., poymenr for wand hereunder nr ap,.I firm design, shall not release the Seller of Good Rqected. GOODS REJECTED due To fislow as mM specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dttiod a waiver of any right of be damage in transit, rosy be reamed a you for credit and art not m M replaced except upon receipt of w'duen purchaser m insist upon strict performance hereof or any of its rights or remedies as to any such good,regardless instructions from the City of Fort Collins. of Ohm shipped, received or accepted, as to any prior or subsequent default hemundeq nor shall any pmpaned mad modification or rescission of this purchase order by the Purebaea operate a is waiver of any of the terms InPeeaion. GOODS are subject To the City afford Collins inspection an smsal. Imi Final Acceptance. Receipt .1 the merchandise, sats or equipment in response to this order canresult in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the part of the Cary of FlirtCollins. However, it is an d be undastathat FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm maimed ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. cadmium arc in fact bone by the Purchaser. Theretofore, for goal mesa 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 Freight Terms. Shipments must be F.O.H., City of Fon Collins, 701) Wood St.. Ft. Collins. CO 90522. unless otherwise specified on this order. If,emission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges forpaakang will not be accepted. Shipment Distance When manufacturers have distributing Points in sanous pans of the country, shipment is expected Wm the nearest distribution point to destination, and excess freight will be deducted from Onnice when shipments are made from ..carer distance. acquired under bdeml or state antitrust laws for such oveaharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this p r chave order. 13. PURCHASERS PERFORMANCE OF SELLERS ORLIGATIONS. Ifthe Purchuer duce. the Seller to comer maconfoming or defective goods by a dare to be agreed upon by be Purchaser and he Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the walk to be perfomed by the must eMsohlicties nature available to It, and the Seller shall pay all costs assodmed with such work. Parties. Seller shall procure at sellers sole cost ell neceswry ,emits, cenifcar¢ and licemes mlvird by all applicable law; regularities, wi imnces and roles of the state, municipality, territory or political subdivision where the work is perfnmad, or required by any other duly stimulated public authority having juriulaaion over the work of vundur. Seller hather agrees to bald the City of Fort Collins lemnless from and against all liability and loss incurred by them by rmwn of ern awned or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All patties as obis contract agree that the represenwlives are, in fact, bona fide laid possess fall and Lmnplete authority 10 bind said ponies. IMITATION OP TERMS. Ili, Purchase Older expressly limits a cap.. To the rents and mrddions sward herein set forth and any supplementary or additional a mu and conditions annexed hereto or incorporated herein by reference. Any additional or different ents and conditions proposed by seller are objected m and hereby rejec d. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to naive on your promised delivery date res noted. Time is of the assmar. Delivery and commerce must be eRatd within the tame smted on the Purchase order and the documents marched haem. No sets of the Purchasers including, without limitation, wept se ofpartial We deliveries, shall operure as a waiver refthis prevision. In the event of any delay, The 11... base, shall have, in adduran to other legal and equitable remedies, the option ofpldcing this order ThwwAere and holding he Seller liable for damages. However, the Seller shall not be liable I'or damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts carried m refiary amhndtaes, governmental primines, fires, strikes, fond, epidemics, wars Or riots provided Ihul,.it. at lot candpionn c:msing such delay is given Ia the Purchaser within live (5) days Of the ,Tom cob— the Seller door rneived knowledge thereof. In he even, of any such delay, the dine of delivery shall be extended for the peril equal to the tame wholly Ina by reason ofthe delay. 3. WARRANTY. The Seller warrants disk all good, anodes, nmteraals and work covered by this order will emdbrm with applicable drawings, speeiticatiom, samples and/or other descriptions given, will be fit for the purposes immded, and Performed with the highest degree of tart and competence in accordance with accepted standard far work of a Mind., amum. The Seller agrees to hold the pumhacer hamlets fmm any lacks, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make grad, withem cast to the purchase, any defects m books arising within one (I) year w within such longer peal of time as may be prescribed by law or by be toms of my applicable wamnry provided by be Seller after the Jue or ac.,.a, of the good famished hereunder (acceptmae rat an be wreasok ably delayed), resuIran, from imperfeeT or defective work dune or mull ails famished by the Seller. Acceptance or me of good by the Purchaser shall not tinstamte a waiver Of any claim under this warrants. Except as otherwiw provided an This purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach army of The foregoing warranties Or guarantees, but such liability shall in ask rent include loss of prof¢ Or Ins of ne. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Parch. nay make changes 10 legal terms by wducn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser cony make any changes to the terms, other than legal terms, including additions to or deletions fmm the quantities originally ordered are the specifications or drawings, by verbal or written change Omer. It any such change free. the amount due or ae tame of,a,foma.,c hereunder on equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may ar any time by written change Order, terminate this agreement as to any or all pordaon Of the gads be. at shipped, subject m any eguitable adjustment between be memos as to any work tar mmerids ,hen is progress provided hot The Purchaser shall not be ].able for any claims for anticipmed profs oa the uncomplad portion of the goats and/or work, for incidental m conwqurn,ial damages, and That as such adjustment be made in Ivor of The Seller with respect to any goods which an the Sellers standard stock. No such lamination shall raus'a the Purchun Or the Seller army of their obligations as to any goods delivered hermnda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment met In, assumed within third (30) days from the date the change or nomination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gods cold hereunder shall have been produced, sold, delivered and flmished in mist complaantt wide all applicable laws and regulation to which The, gods are subject The Seller shall execute and deliver such documents a may be required to about or evidence compliance. All laws and regulation accull ed to be nroryomred in agreements Of his character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamles mark all mina and damages sulreed by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Early shall assign, manner, or convey this aide,, or any monies due or to become due hereunder without The prim wriam append of the otMr parry. l O. TITLE. The Seller warrants full, clear and unrestricted title To the Purchaser for all equipment, materials, and items fumishd in performance of this agreement, Bee and clear of any and all lien, restrictions, reservations, scarily interest encurawkwes and claims ofothers. The Seller shall release the Purchaser and its commeters of any tier from all liability and claims of my none resulting fmm the perfomamce Orwell work. 'Phis release shall apply even in the event of fault Of negligence of the puny released and shall extend to the directors, oMe,. and employees ofmi h parry. 'Me Seller's contractual obligations, including commonly. shall not be domed 10 be reduced, in any way, because such work is perfi med or erased to 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 copyright, the Seller shall indemnify and save hamdess the Pmalho,m from any and all claims for infringemmt by reason of the use of such patent design, device, material or process in connection with the contract, and shall andemnify the Purchaser for any cast, expense or damage which it may be obliged m pay by reason of such infringement many time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of The gods, is in such suit held to constamte infringement and toe use of said equipment or pan is alai ner, The Sella shall, of its own expeme and at its aD1i.n, eider prosaic fur the Purchaser the right m continue using fluid emipmeat or pans, IT The vice with substantially equal bat noninfranging equipment. or modify at an if became nowinfrin8ing. IS. INSOLVENCY. If the Seller shall became Insolven, or bankmpt, make an assignment far the benefit of creditors, appoint a neverva Or costae for any of the Sellers property ar business, This Order may forthwith he caoeeled by the Purchaser without liability. 16. GOVERNING LAW. The definitiva of lams card or the imarpremOnn oflha agreement and the rights of all parties hereunder shall be construed under ank governed by the laws offile State of Colorado, USA. The following Additional Condition apply only in cases where the Seller is as Paribas work hereunder, including the services of Sellers Representaliva(s), on the premises of others. Il. SELLERS RESPONSIBILITY. The Sella shall carry, on will work at Seller's awn risk unlit the same is fully crompletal and accepted, and shall, in use of any accident, destruction or injury to the work maker materials before Sellers final completion and acceptance, complete The work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fumishd by ogees foe installation or erection by the Seller, The Seller shall receive, unload, store and hurdle same at the site and become responsible therefor as tough such materials ardor equipment were being famished by The Seller under be order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease bmefte, a its employees employed on m in connection with fie work covered by this purebase order, mai to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,00o for any one partial, S500.000 for any one accident and property damage limas wr accident of S400.000. The Seller shall likewise esquire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his commaors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cerdafcate that such compensation and insurance have been provided. Such ceAfcmes shall specify the date when such umpensatimn and insurance have been provided. Such cerdificmes shall specify the data when with compensation and haaral expires. The Seller agrees that such compensation and income shall his, nowark red until alter be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and ail damage, low Or injury orally kind or nature whatsaver to persnm or property caused by or resulting from the execution of the work provided for in this purchase over or in connection herewith. The Seller will ademnify and hold alkali The Purchaser and any r all of be Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether To persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his ontractnn, or any of Poe Sellers or confractoo; officers, agents or employees. In coke any suit or ogee proceedings shall be brought again, the Porehner, or as officers, ageou or employees at any time on account or by reason of any act, action, neglect, omission or default of be Seller of any of his emnmnma or any of its or their uRcan. agents Or employees a aforesaid, the Seller hereby agrees to assume be defense thereof and to defend be same at fe Sellers Own expose, T. pay any and all can, charges, ot..ap fees ad other expenses, any and all judgments that may W incurred by or obtained against de Purchaser or any of its or their officers, agents or employees in such was or other proceedings, and in case judgment or other Jim be placed upon Or obtained against the property of tM1e Purchaser, Or said parties in or a 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 ofcarl The Sella and has commactom shall aka all safety Examines, furnish and install all gavels necessary for the prevention, of accidents, comply with all Laws and regulations with regard to safety including, but without limitation, the Ocwpadonal Safety and HOT Act of 1920 and all rules and regulations issued pursuant thereto. 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