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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9164279 (2)Fort Collins PURCHASE ORDER Date: 07/05/2016 Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS CO 80521 PO Number Page 9164279 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: 07/01/2016 Buyer: ELLIOT DALE Note: PER TERMS AND CONDITIONS OF BID 8320 AND AGREEMENT SIGNED 7/1/2016. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2016 ASPHALT CONTRACT 1 LOT LS 2,950,033.45 2 2016 ASPHALT CONTRACT 1 LOT LS 480,238.00 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 Total Pay terms net 30 days Invoice Address: 271.45 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Teens and Conditions Page 2 of 2 1 COMMERCIAL DETAILS Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes Our Exemption Number is I I NONWAIVER. 98-04502 Federal Excise Tax Exemption Cemficate of Registry 84-6000587 is registered with the Collector of Fat of the Purchaser w insist upon strict performanw of the terms and conditions hereof, failure or delay to Internal Revenue. 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 notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either whin shipped or due to defects of any of the warranties or obligations of this purchase order and shall rent be deemed a waiver of any right of the damage in inert may be returned to you for credit and we not to be replaced except upon receipt of writtm purchaser to insist upon strict performance hereof or any of its rights or remedies as to my such goods, regardless instructions from the City of Fort Collins of when shipped, received or accepted, as many poor or subsequent default hereunder, nor shall env purponed oral modifmanon 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 arrival hereof Final Acceptance Receipt of the merchandise, services or egwpment in response to this order can result in 12 ASSIGNMENT OF.ANTH RUST CLAIMS anthonzad payment an the parr of the City of Fan Collins However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon complmon of all applicable required inspection procedures vmlattow me in fact home by the Purchaser Theretofore, for good cause and as consultation for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms Shipments most be F O B , City of Fan Collins. 700 Wood St, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased 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 various pain of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates is inability or unwillagoon to comply, the Purchaser shipments are made from 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 Perform Seller shall procure at sellers sole coin all necessary porous, certificates and licenses required by all applicable laws. regulations, ordinances and rides of the state, municipality, territory or political subdivision where the work is performed. or required by my other duly constituted public authomy having junsdictron over the work of vendor Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss mcuned by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and requirements Authonzanon 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 This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional term and conditions annexed hereto or incorporated herein by reference Any additional or different terms and condmom proposed by seller are objected to and hereby rejected. 2 DELIVERY PLEASE ADVISE PURCHASING AGENT immedmtely d you cannot nuke compine shipment to arrive on your promised delivery dare re noted Time is of the essence Delivery and performance must be effected within the time gated on the purchase order and the documents arched hereto No acts of the Purchasers including, without limitation. acceptance of partial late dehvenes, shall operate as a warver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages w a result of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God acts of civil or military authorities, govemmentnl friction. fires, strikes, Flood, epidemics, wars or nots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be mended for the period equal to rise ume actually lost by reason of the delay 3 WARRANTY The Seller warrants that all goods, icicles, materials and work covered by this order will conform with applicable drawings. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degme of cane and competence in accordance with accepted standards for work of a solar nature. The Seller agrees to hold the purchaser harmless from my Iws- 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 good without cost to the purchaser, my defects or faults ansing within one (1) year or within such longer period of time m may be presenbed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller .Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmmmmely caused by the breach of my of the foregoing warmness or guarantees, but such Lability shall in no event include loss of profits or loss of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY 4 CHANGES IN LEGAL TERMS The Purchaser may make changes to legal terms by wrinm change order 5 CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the spectficanons of drawings, by verbal or wnnen change order If any such change affects the amount due or the time of performance he curame, m equitable adjustment shall be made 6 TERMINATIONS The Purchaser may at my time by wnnm change order, terminate this agreement as in my or all previous of the goods then not shipped. subject to my equitable adjustment between the panics as; to my work or materials then in progress provided that the Purchaser shall not be liable for anv drams for mocipated profits on the uncompleted poison of the goods and/or 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 stock No such termination shall relieve the Purchaser w the Seller of my of their obligations as to my goods delivered hereunder 7. CLAIMS FOR ADJUSTMENT Any claim for adjustment most be asserted within thirty (30) days from fire date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ben produced sold, delivered and fumhshad in strict completion with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance AN laws and regulations required to be incorporated in agreements of this character are hereby incorporated heron by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cosh and damages suffered by the Purchaser sit a result of the Sellers failure to comply with such law 9. ASSIGNMENT Neither parry shall assign, transfer, or convey this order, or any motion due or to become due hereunder without the poor van en consent of the other party 10 TITLE The Seller warrants full, clear and unrestricted rile to the Purchaser nor all equipment, materials, and items furnished in performance of this agreement free and clear of my and all hens, restrictions. reservations, security interest encumbrances and claims of others The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the performance of such work This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced in my way, because such work is performed or caused to be performed by the purchaser 14. PATENTS Whenever the Solicits required to use my design, device, matenal or process covered by Inver, patent, trademark or copynght, the Seller shall indemnify and save harmless the Purchaser from my and all clams for infringement by reason of the me of such patented design, device, matenal or process in connection with the contract and shall indemnify the Purchaser for my cog. expense or damage which it may be obliged to pay by reason of such infringement at my nine during the prosecution or after 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 constitute mfnngemem and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its opens, either procure for the Purchaser the right to continue wing said equipment or pans, replace the same with substantially equal but nomnfnnging equipment, or modify it so it becomes noninfnngrog 15 INSOLVENCY If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability 16 GOVERNING LAW The definitions of terms and or the interpretation of the agreement and the rights of all pauses hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Contributes apply only in cases where the Seller is to perform work hcieunder, including the services of Sellers Representanve(s), on the premises of others. 17 SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk mil the same is fully completed and accepted, and shall, in case of my accident destruction or injury to the wink and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expewe and to the satisfaction of the Purchaser When materials and equipment are famished by others for mi tallmon or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such maenals and/or equipment were being furnished by the Seller under the order 181NSURANCE The Seller shall, at his own expense, provide for the payment of workers mmperisatron, 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 be done. The Seller shall also carry comprehensive general liability including, but not limped m, ccomactual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for my one person, 5500 000 for my one accident and property damage lot per accident of $400,000. The Seller shall likewise require his contractors, if my, to provide for such compunsanon and insurance Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a cemficate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the data when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained moil after the more work is completed and accepted 19 PROTECTION AGAINST ACCIDENTS AND DAMAGES The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or artery affair kind or nature whensoever to pennons or property caned by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and agam n my and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be pin or subject by reason of my ant, action, neglect omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or connectors offices, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees ar my nine on account or by reason of my act, anon, neglect, omission or default of the Seller of my of his contractors or arty of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense. to pay my and all costs. charges, attorneys fees and other expenses. my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agens or employees in such suits or other proceedings, and in case judgment or other ism be placed upon or obtained against the property of the Purchaser, or said pauses in or m a result of such sum or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise The Seller and his containers shall take all safety precmnons, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without bmrnon, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto Revised 032010