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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9140423 (7)PO PURCHASE ORDER 914042er Page C1171 of PURCHASE 40423 t of z ' `tCollins[ his number must pac ppear V " �7 on all invoices, packing sli s and labels. Date: 12/09/2014 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 Ordered Extended Price 16 Concrete & Asphalt 1 LOT EA 40,000.00 Addendum to PO 9�",:'. lei 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.mm Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Terms and Conditions Page 2 of 2 1. COMMERCIALEROARS. Tax exemptiom. By stance, the City of Fort is exempt from daze and local names. Our Exemption Number is 11. NONWAIVER. 98-81502. Federal Ezi Tax Partial Certificate of Registry 8449000587 is -demand with the Collector of Failure of are Purchaser to insist upon strict performance, of the team and exanditions hereof, failure or delay to lnmmal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 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 of a breach, the acceptance ofor paymal for goods hereunder or appmaal of rise design, shall not release Bit Seller of Goods Rejected. GOODS REJECTED due to failure of meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not l e deemed a waiver of any right of the damage in transit may be mural b you for credit end for, not to Im replaced except upon receipt of written puchaser to insist upon strict performance hereof or any of its rights or mnedles as to any such goods, regardless premonitions from the City of Fan Call,.. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on amval, hereof. Final Acceptance. Receipt Of the merchandise, sen'ives or equipment in response to this order can result in it. ASSIGNMENTOF ANTITRUST CLAIMS. authorized paymenl on the pan of the City of Fort Collins. However, in is on be understand that FINAL Seller and the Pmchaer magnize that in arood economic Pareace, fachmges resulting from anlltms, ACCEPTANCE is dependent upon completion ofall applicable requirW inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good am and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hammer Freight Team Shipments mast be, F.O.B., City of Fort Collins, Too Wood St, Fort Collins, CO 80522, unless acquired mmda federal or state intitmst lax, for such overcharges .]at., to the particular goods or services otherwise specifal on this order. If permission is given as prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this pmrchow order. bill must moompany invoice. Additional charges for packing will art be accepted. 13.e SELLERS OBLIGATIONS. Shipment Divorce. Where manufacturers have distributing points ti serious parts of the country, shipment u PurchASERSPERFORMANCEOF Ifne Purchaser directs the Sella to or defective good by a date to hew. agreed upon by We expected from the nearest point to destimtiov, and excess freight will be deducted from Invoice when m lacorrect diano er indicates its put or unwillingness a comply, the Pumhaer Pureham nth the aM the Sella thereafter i refer dwtsm shipments eR made from greater distance. xpedes v may wuu the work so be performed by the mast expeditious rearms available Is it and the Seller dull pay all work costs asaiatW with such work. Permits. Seller shall procure sellers ante cost all necesvry permits, certifiwnes and licenses requital all w rd or political subdivision where applicable laws, regulations, ordinances and roles some, municipality, miry The Seller shall the Purchaser and its contractors of any tier from all liability and claims of any runue ha required by any other duly public euthori.M1a g ainst .lion over the wad the work is peer meduty a peae resulting from the performance ofsuch work. FansnColal from and against all and loss mother to the City of Fan Collins hof d vrndm. Sbe., bymaagrees any s ordiiliry incurred by @rna by reason of an awned or esmblishcd violation of any such laws, regulations, ordinonas, roles rat This shall apply even at @r event of fault of negligence of the party released and shall extend w the and requirements. directors, off ors and employees of such party. tors, officers Authorization. All parries to this contract agree that the repro maloas arc, in fact, bona fide and possess full and complete authority ,a bind said Parties. LIMITATION OF TERMS. This fracture, Order expressly limits acceptance to the tams and condition sited herein set (oM and arty supplementary m additional trams and conditions annexed hereto or imoryoamd herein by reference, Any additional or different erms and condiuom proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot duke complete shipment to arrive on your promised delivery date az armed. Time is ofthe essence. Delivery and pert a most be effected within for time seamed an the purchase order and the thermals attached hereto. No rack of the Purchaser, including, without limitation, acceptance ofpatial lam deliveries, shall operom Of a waiver of tlas provision. In life event of any delay, the Porchaar shall have, in addition to other legal and ex, itable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to rouses not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence, such If of Gad, acts fcivil or military mahmilies. 6ovemarmod priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given t0 the Purchaser within five (5) days of the time when the Seller first received knowledge thavot In the event of any such delay, the date of delivery shall be extended for the Period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wemms that all good, articles. materials and work covered by this order will conform with applicable drawings, spnifwtions, samples anchor other descriptions given, will W fit for the purposes intended, ail performed with the highest degree of care and compneme in accordance with accepted standard for work of a simihr .tare. The Sella agrees to hold the purhaser harmless from any loss, damage err expense which the Purchaser may suffer a incur on accoant of the Seller breach of.,y. The Sella shall replace, repair or make good, without cost Is the pnrchaser, any defect or faults arising within one (I) year or within such longer period of time as may be persuaded by law or by the terror of any ep,liable w.y provided by the Sella eRa the date of acceptance of file goods furnished him under (mceptamc owl ba be maresso.bly delayal), resulting from impart t or defective work done or materials furnished by the Seller. Acceptance a use of good by the Purchaser shall not constitute a waiver ofary claim under this wam4nry. Except of otherwise Provided in this purchase offer, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wanaf ies or guarantees, but such liability shall in no event include loss of pu fts or lass of use. NO IMPLIED WARRANTY OR M BRUT IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes w legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasar may make any changes to the tern, other than legal reins, including additions to or deletions from the quantities Originally ordered tithe mace ficatlons or drawings, by verbal or written change order. If any such change affects the amount due or the time of Performance hereunder. an exposable adjumpand shall be made. 6. TERMINATIONS. Ile Purchaser may at any time by women change order, hurricane this agreement as many or all parmom of the goods than not shipped, subject to any equitable enjuslmmf brmsen the patties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated probts on the uncompleted Portion of the goads and'or work, for incidental or consryuential damages, and that no such adjmrmrnl he rude in favor of the Sella with respect o any goods which art the Sellers standard sock. No such lamination shall relieve the Prrchasn or the Seller Of-, oftlam obligations as to any gut delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said hereunnder shall have ban produced, sold, delivered and fumished in strict compliance with all applicable laws aM regulations to which the goods are subject. The Seller shall execute and deliver such documents m may be required Ip effect or evidence compliance. All laws aod regular ons requited to be incorporated in agreements of this charomer are hereby incorpoated herein by this reference. The Sella agrees to indemnify and hold the Purchase, hmmless from all cock and damage, suffered by the Purchatt as a result of the Sellers failum to comply with such law. 9. ASSIGNMENT. Neither Parry shall assign, number, or convey this maker, of any monies due at to became due hcreuMer without the print wnnrn comair of the other harry. 10. TITLE. The Seller worm ants full, clear and international title m the Purchaer for all equipment, materials, and itenk famished in pare mina of this Vacant fin and clear of my end all liens, rnricumm, reactions, security interest encumbrances and claims ofothers. The Sellers contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be fahmared by the Purchaser. 14. PATENTS. Whenever the Seller is requitedto uae any design, device, num al or prwrss several by later, Patent, andienark or copyright the Seller shall indemnify and save harmless the Patricia, from any and all claims for infringement by reason of the use of such formed design device, mmenal of Peaces in can ad. with the concoct, and shall indemnify the Purchaser far any cost expense ar damage which it may be obligW W Pay by. of such infrngemear at my time during Bar prosecution or after the comPleli. of the weak. In esse said aryipment or any an theas f of red intended use of the good, is of such suit held to constimc infringement and the use of said equipment or pan is enjoined, the Seller shall, at iss own expense and at its option, either procure for the Purchaser the right to conlinac using said equipmenr or pans, replace life same with substantially equd but noninGnging equipment, or modify it so it becomes pontificating. 15. INSOLVENCY. If the Seller shall become insolvent or broker, make an assignown for the benefit of earth., .,,.all a aveiver trudece for any of the Sellers property or business, this Oder may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions of terms used or the interrelation of the agreemen, and the fights of all parties hereunder shall be onstrued under and invented by the laws ofthe Spite of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereundn, including fie services oI'Sidlers Represtnative(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Sella shall cart, an said weak at Sellers own risk unfit doe same is filly comDleral and acceprN, and shall, in case of any accident, destruction or injury to the wok mdlor contends before Sellers Jiro[ completion and acceptance, complete the work at Sellers own expense and to the satisfied.. of the Purchase. When malerlals and equipment arc fumuhed by others for insallztlon or matim by the Seller, the Sella stall receive, unload store and handle same at the site and became responsible therefor as though such mmma[s and/or equipment were being f roushal by the Seller under the order. I B. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, 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 the state in which the work is to b, done. The Seller shall also carry comprehensive general liabil iry including, but Out limited to, contractual and aaromobile public liability iosnmrtce with bWily injury and death limits of at team S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise pquire his anon, if any, w Provide for such compenaton and iawmce Before any of the Sella or his contractors employees shall do any work upon the praises of others, the Sella shall famish dm Purchaser with a certificate that such compensation and insurance have been provided. Such mtifcatn shall specify the date when such tnmpen woo areal insurance hard ban provided. Such certificates shall specify, the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be mainfiiad until after the entire ..,it is exmpletal sod temptW. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind '.tare whatsoever to persons or property caused by or resulting farm the execution ofthe work provided for in ,his purchase other or in cnnnection herewith. The Seller will indemnify and hold hanmlrss the Purchaser and any r all of the Purchasers ORcers, 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 noon of any act, action, neglect, omission or default oa the pan of the Sella, any Of his contractors, or any of the Sellers or contractors officers, agents or employes. In case any suit or other prweMings shall he brought alP imt,he Purchase, or its officers, agents or employees at any now an account or by reason of any act action, neglect, omission or default of the Sella of any of his contractors or any of its or their oRcers, agents or employees as aforevid, the Seller hereby agrees a assume the defense tMrmf and to defend the are at the Sellers own rsom e. m pay my and all roots, charges, mtomeys fees and other expenses, any and all judgement that may her incurred by or obtained against the Purchaser or any of its or their ofTcatc agents or employees in such milt a other pmceMtigs, and in arse judgment ar other lice be placed upon or obained against life property of the Purchaser, or mid parties in or as a molt of such sulk mother proceedings. Bar Sella will at oars from, the mme an be dissolved and dischargal by giving bound or otherwise. The Seller and his contractors shall take ell safety precamiom, Grounds and tistall all guards newesary far the preasnficn of accidents, comply with all has and regulations wish regard to safety including, but without limitation, the Orapatio.l Safety and Health Act of 1970 and all rules and regal rmas issued pursuant themn. Revised 07/2014