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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9140423 (6)PO PURCHASE ORDER 914042er Pogo ('I�/ of PURCHASE 40423 t of 2 ' `t Collins( n alli invoices, must appear F6rV �7 on all invoices, packing �slips and labels. Date: 10/07/2014 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 is Concrete & Asphalt 1 LOT EA 150,000.00 Addendum to PO ,'dv lil P14 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 1. COMMERCIALDEfAIIS. Tox exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 34-26, 114 (a). Cards Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due m dePocts of damage in hansip may be returned to you for credit and are not to be replared except upon receipt of women instinctual from the City of Fan Collis. Inspection. GOODS are subject n, the City of fort Collins impaction on arrival. Final Acceptance. Receipt of the merchmdise, services or equipment in response to this order cout result in authorized payment on be Pan of the City of Fort Collins. However, it is to be nndmtood bar FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tertm. Shipments must be ROB, City of Fort Collins, IIA Woad St., Fan Collins, CO 80522, unless mlansise vmmiled m. this order. Ifpemtission is given m prepay freight and charge separately, the original freight bill mast accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is expected fmm be nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made form g.ter bro me. Permits. Seller shall pmcare at sellers sole cost all necessary politics, cerfficato and licenses required by all applicable laws, regulations, on ioamen and toles of the strip municipality. territory or political subdivision where the work is performed, or required by by other duly wnstimoul public authority having jurisdiction over the work of veadm. Seller Posher agrees m hold the City of Con Collins harmless form and against all liability and loss incurred by them by ®awn of an asserted or established Aelarinn of any such laws, regulations, ordinances, rules and requlremenu. Authodmom. All varies to this manna agree that the mpmsenmuves are, in fact, born fie and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptanm to be teems and conditions; stared herein set forth and any supplementary, or additional terms and conditions annexed herein or uninformed herein by reference. Any additional or JilTerem a— —it coalumn, proposed by seller are objected to and hereby jectd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and o rf rmance mast be creeled within the time shied on the purchase order and the do,morms attached harem. No acts of the Pnrchaxers including, without limitation, acceptance triennial late deliveries, shall cretin, its a waiver of this provision. In the event crony delay, the Purchaser shall hive, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not he liable for damages as a result of delays due to tames not reasonably foresumble which are beyond in, reasonable control and without its fault of negligence. such was of God, acts ofeivil or military, authorities, governmental prow ifiez fires, strikes, nand, epidemics, wars or riots provided] that notice of be conditions causing such delay is given to be Purchaser within fax (5) days of be time when be Seller first received knowledge bereaf. In the evbar of any such delay, be dam of delivery shall he extended for be period equal to the time actually last by reawn of be delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be ❑t for the incomes intended, and Performed with be highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which be Purchaser may sufor or incur on account of the Sellers breach ofwa V. Thc Seller shall replace, repro or make good, without cost m be purchaser, any demces or faults arising within one (1) year or within such longer period of time as may he pm -scribed by law or by be terms of any applicable wammy provided by be Seiler afiner the dam of acceptance of the goods burnished hereunder foreclosure nor to he umrawwbly delayed), resulting from imperfou or defective work done or materials funushd by be Seller. Acceptance or nse of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except aw otherwise provided in this Purchaser ceder, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the bargain, waemmies or guaranfees, but such hibil ity shall in no event include loss of prints or loss of use, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE MIALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal um,s by written er age order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any tlwngea tr the terms, abet tarn. legal or—, mehism, additimu ro or deleumis from be quantities originally ordered in the specifications or drawings, by venial or when change order. If any such change alders be amount due or the lime of gerf remance heteuder, an equitable adjustment shall be made. 4. TERMINATIONS. The Purchaser may al any time by written change order, tenniwm this agreement as to any or all .onions of the goods ben our shipped, subject to any equitable adjustment between the parties as to any work or materiels then in pmgass provided that the Porch., shall not be liable for any cluims for anticipated profls on the uncompleted Portion of be goods emspor work, for incidental or consequential damages and that no such adjustment be made in favor of the Seller with respect to any insists which are the Sellers standard stock. No such termination dull reline the Purchaser or be Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be averted within birry (30) days fmm be dare be change or termination is ordered. 8. COMPLIANCE WITH JAW. The Seller warrants that all ,,it, sold herenndee shall have been produced, sold, delivered and famished in strict compliance wilb all applicable laws and regulations It which the goads are subject The Seller shall execute and deliver such documents its may be required to effect or evidence compliance. All laws and regulations required to be nemparnted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdns fmm all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, fansfer, or convey this order, or coy monies due or to become due remainder without be prior written consent of be other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished m perfOmmarm, of this agreement, free and clear of any and all liens, resttictiom, rese-mios, security common mcumbmnces and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the it. must conditions henna( failure or delay Io any rights or remedies provided herein or by law, failure to promptly nitrify the Seller in the event of a breach, exercise acceptance ofrr payment for goods hereunder or approval tribe design, shall not release the Seller of any of the warranties or obligations of this purchase mode and shall net be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies M to any such goads, regardless of when shipped, received or arterial, as to any prior or subsequent default Inum nda, nor shall any putperh d oral madification or rescission of this purchase ceder by doe Purchaser ormak as a waiver of my of the tenors hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and be Purchaser mr.,nie, that in actual economic practice, overcharge mmlfing floor It. violations are in fact Some 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 state antiWst laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs be Seller to cannot rmnmnfoeming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and Be Seller dameafter indicates its liability or unwillingness m comply, the Purchaser may cause the work to he perfomrd by be mint expeditious means available ro it, cad be Seller shall Pay all be. associated wide such work. The Seller shall release the purchaser and its conracrors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the piny released and shall extend to the director, officers and employees of such party. The Settees contractual obligations, imbibing warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to he p comemd by be Purchaser. 14. PATENTS. Whenever the Sens] is requires] to use any design, device, material or process covered by tenet, patent, trademark or copyright. the Seller shall indemnify aril save harmless be Purchaser from any and all claims for infringement by reawn 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 n may h obliged to pay by reason of such infringement at any time during the prosecution or after the completion or the work. In case said equipment or any part thereof to the intended ass] of dm goods, is in such suit hdJ to constitum infringement and the use of said equipment or pan is enjoined, be Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If be Seller shall become imukem or bankrupt, make an assigmnem for be Scroll of creditors, appoint a or mmee for any of be Sellers property or business, this order troy forthwith be canceled by be Purchmer without liability. 16. GOVERNING LAW. The definitions of terror used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws addle State ofColnmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on be premises ofothers. - I). SELLERS RESPONSIBILITY. The Seller shall wrty on said work at Seller's owe risk until file same is fall, completed and accepted, and shall, in mse of any accident destruction or injury to be work adlor materia6 before Seller's final completion ad acceptance, complete be work at Sellers own expense and to be satisfaction of be Pumhse. When materials and equipment are f wl d by others for installation or erection by the Seller, be Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials an&ur equipment were being furnished by the Seller ruder be ceder. 18. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compensation, including wreupalimal disease benefits, m its employees employed on or in connection with the work covered by this purchase order, mrVor to their dependents in accordance with be laws of the state in which the work is or be done. The Seller shall Arco cant' comprehensive genial liability irolading, but tat limited re, reard—ual said automobile public liability insurance with bodily injury and death limits of M lest S30g000 for any one person. S50o,o00 for any umaccident and property damage limit per accident of Sabi,". The Sella shall likewise require his ntmemrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his submarine, employees shall do any work upon the premises of others, the Seller shall bmish the Purchaser with a certificate mbar such compntsmem and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such ceadicmes shall specify the date when such compensation and insurance expiro. The Seller agrees that such compensation and Insurance shall be mainmaind call after 'he entire work is campleed and accepd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability foe any and all damage, loss m injury army kind or wtum whatwever to persons or property eased by or resulting fmm the execution of be work provided for in this puschass order or in conneaian herewith. The Seller will indemnify end hold harmless the Purchase and any r all of the Purchasers officers, agents and employees from and against any cod all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persam or property to which be Purchaser may be put or subject by reason of any Oct. action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In 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 reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their ofcers. agents or employees as aforesaid, be Seller hereby agrees to assume be defense Iheeof and m defend be same at be Sellers awn expanse, to pay any and all costs, charges, momeys fees and other expenses, any and all judgments that may be, incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, arl in case judgment or other lien he placed upon or obtained against be property of the Purchaser, or said portion in or as a result of such suits or other prob dins. the Seller will at once cause be sane to be diswlvetl and discharged by giving band or otherwise. The Sella and his contractors shall like all safety precautions, Publish and install all guards necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, be Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant thereto. Revised 0712014