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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9142209 (3)Fort Collins Date: 12/05/2014 Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS CO 80521 PO Number Page 9142209 1 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 04/18/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Ordered Unit Price Extended Price 5 2014 Asphalt Contract Change order 4 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 1,752.91 $1,752.91 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCAV, DETAILS. Tax exemptions. By instate the City ofFort Collins is exempt f some and local mxo. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Ceaificare of Registry 84-6000587 is registered with the %ilabe of Failure of the Purchasertric to radial upon st performance of the terms aid condm idohamE failure or delay to Internal Barren, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance afar payment for goods Mrcruder or approval of the design, shall at release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet spwifications, either when shipped or due to dfect of any of the warranties or obligations of this purchase order and shall not be deemed 8 waiver of any right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of water purchaser to insist upon strict peAbrmanm hereof or any of its rights or remedies as to any such goods, regardless reactions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subani default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Imperlion. GOODS are subject to the City of Fen Collins inspection oa amval. hereof. Final Acceptance. Receipt of the merchandise, stake or equipment in response to this order tun result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authariaed payment oa the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize ther, in acnml economic practice, overcharges resulting from antiwar ACCEPTANCE is dependant upon completion craft applicable required inspection procedures. violation me in fact home by the Purchaser. Thcroof er. fogood cause and as consideefion for execrate, Ws purchase order, the Seller hereby assign as the Purchaser any and all claims it may now have me hereafter Freight Tema. Shipments must be F.O.B.. City of Fen Collins, 700 Wood Sr, Fort Collins, CO 80522, unless mr,ined under federal or stare anti. lawn far such overcharges relating to the particular 'ands me service, crtherwise specified an this order. If permission is given to Prepay freight and charge separately. the original freight pareara d or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vations, pans or the country, shipment is If the Pumbaser duct the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the rarest distribution Point to destita im, and excess freight will be, deducted from Invoice when Pumbsou and the Seller and the Seller tharaBer indicates its inability or unwillingness to comply, the Purchase, shipments are made but greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permit. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and Nln of dw mate, municipality, territory or political subdivision where the work is performed, or required by any other duly constiNted public authority having jurisdiction over the work of vendor. Seller Rubber agrees to hold the City of Fan Collins harmless farm and against all liability and loss incurred by them by reason of on nxned or established violation of any such laws, regulations, ordinances, roles aid nutriments. Authonedion. All parries 0 this contract agree that the representatives are, in fact, bow fide and possess full and omelet, authority to bird said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the nano and conditions sated herein set fed and any supplementary, or additional tarn and condition annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller am objected to and hereby rejen d 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately ifyou amid make camplde shipment m arrive on your promised delivery date as poled. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No act of the Purchasers including, without limiratior, acceptance ofpartial late deliveries, shall alienate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elaewhere and holding the Seller liable for damages. [however, the Seller shall not be liable for damages e a result of delays due to causes not reasonably foreseeable which we beyond its reasonable central aid without its fault ofnegligence, such as official, act armed or military andlollies,,overran=al priorities,( s, strikes, Bond, epldemles, rs waor data provided= Rut notice of the iddion causing such delay is given so the Purchaser within five (5) days of the time when the Seller their received knowledge thereof In the be, of any such delay, the doe of delivery shall be extended for the period equa110 the time oral last by reason of the delay. 3. WARRANTY. The Seller warrant that all goods, Cuticles, materials and work coveted by this order will conform with applicable drawings, specifications, somples and/or other descriptions given, will be fit for the purposes intended, ard performed with the highest degree of are and competence in accordance with accepted standards for work of a similar nature. The Seller agree to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make Fred, without cost to the purchaser, any defect or (molts arising within one (1) year or within such longer period of time we may be prescribed by law or by the term army applicable w'amnty provided by the Seller after the data of acceptance of the goods fumshed hereunder (acceptance not to be unreasonably delayed), resulting fmm impartial or defective work done or mturt burnished by the Seller. Acceptance or use ofgcoass by the Purchaser shall not comtit to a waiver of any claim under this warranty. Except n otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately comae! by the breach of any of the foregoing aromatics or gemmas, but such liability shall in an event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHAATA MI OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by writer change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the feces, other then legal temrs, including mli itiare 1. or delmioe from the quantities originally ordered in the specifications or drawings, by verbal or written change under . If any such change affect the amount due or the time afperf meance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change Oder, terminate this agreement n to any or all portions of the goods risen not shipped, subject to any equitable adjuamrni between the panic as to any work or materials then in progress provided that the Purchaser shall nor be liable for any claims for anticipated prefier on the uncompleted portion of the goods andcar work, for incidental or consequential daromm, and Oat no such adjustment be made in favor of the Seller with castrate, to any goods which art the Sellers srmdod stock. No such tetmietion shall relieve the Purchaer or the Seller of any oftheic obligation n In any goad delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be aasened within thirty (30) days from the dare the change or weraination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants final all good sold hereunder shall have been produced, sold, delivered and fumished in inner compliance with all applicable laws and regulations to which the goods s , subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreement of this character art hereby incorporated herein by this reference. The Seller agrees to Maternally and hold the Purchawa hande s from all =ifs and damages suffered by the Purchntt as; a result of the Sullen failure se comply with such law. 9. ASSIGNMENT. Neither parry shall assign, banter, in convey this order, or any monies doe or to became due hereunder without the prior written meant of she other party. 10. TITLE. The Seller warant pill, clear and umemnated title as the Purchaser for all equipment, ttuteciaB, and to. fiunished n performance of this agreement free aid clear of any and all lien, restrictions, reservations, sanity interest mandbrenca and claims of others. 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 relcne shall apply even in the event of fault of negligence of the parry released and shall extend to the direaoes, officers and employees ofsuch parry. The Sellas contractual obligation, including warrmty, shall not be droned to be reduced, in any way, because such work is perf eel or need to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, patent, trademark or copyright the Sella shall indemnify and save hmmlecs the Purchawa tram any and all claims for inMngemenr 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 aRer the completion of the work. In case said equipment, or my pan thereof or the intended use of the goods, Is In such suit held to consumes infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pracure for the Purduner the right to continue using said equipment or pans, replace the sure with substantially equal but aminGtnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall income, insolvent or bankropL nuke an assignment for the bencfir of creditors, appoint a receiver or trustee for any of tine Sellers property or business, this order may fOMwith be restated by the Purohuer without liability. 16. GOVERNING LAW. The definition of urma used or the interpretation ofthe agreement and the rights are[] parties hereunder shall be contmed under and govemal by the laws of the State ofColmado, USA. The fallowing Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services ofSellen Ra mrsenmtive(s), on the premises ofothers. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is rally completed aid accepted, and shall, in case of any accident, dntmetion or injury, to the work maker materials before Sellers Rol completion and acceptance, complete the work at Seltea own expense and to the sntisfadion of the Purchaser. When materials end equipment are f chal by others for installation or erection by the Seller, the Seller shall receive, unload, scare tied Iwdle name at the site and become responsible therefor as though such materials ether equipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the Wymed of workers rampart Lion, including occupational disease benelirs, 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 me state in which the work is to be, done. The Seller shall also carry comprehensive general liability including, but not limited W. connected and automobile public liability insurance with bodily injury and death limits of at lent $300,000 for any one From , SSW,on) for any one occident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sullen or his contractors employees shall do any work upon the premises afmhers, the Sella shall Finish the Purchaser with a anifirme that such compenation and insurance have ban provided. Such certificates shall specify the date when such confirmation and insurance have been provided Such certificates shall specify the date when such compensation and imuranc expires. The Seller agrees hat such compensation and intumce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the =tire responsibility aid liability for my and all damage, loss or injury army kid r drum whatsoever to pecan or property caused by or resulting from the execution of the wok provided for in this purchase order at in connection herewith. The Seller will indemnify and hold harmless the Purchaser aal any r all of the Puchacrs of arm, agent and employees from and against any and all claims. losses, damages, changes or expenses, whether direct or indirect, and whether in persons or property to which the Purchaser may be pal or subject by eeawn of any act, aclian, neglect, omission or default oa 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 many lime on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or chair oRirma, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the sam<at the Sellers own expanse, to pay any and all c act, charges, atomeys fees and other expenses, any and all judgments that May be inuurrd by or criminal against the Purchaser or any of its or their officers, agents or employees in such suit or other proceedings, and in case judgment in other lien be placed upon or Obtained again. the pmpeny afthe Purchaser, or said Fame in or as a ..It ofsuch suits or other proceNint the Seller will at oace cause the some to be dissolved sad discharged by giving bond or otherwise. The Sella and his contractors shall take all safety praautions, famish and install all guards naeswy for the prevention of accidents, comply with all laws and regulation wit regal in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules coed ceramic. issued pursuant flummi. Revised 07n(t