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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9142209 (4)PO PURCHASE ORDER 914220er Page City, 9142209 ' of ' `t Collins Thisnumbermustappear {� V ` �7 on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS CO 80521 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 4 2014 Asphalt Contract Change order 3 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 91,448.91 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 I. COMMERCIALDETAILS. Tax exemptions. Bywords, the City of Frm Collins is exempt from score ad local uxu. Our Exemption Number u 11. NONWAIVER. 9 y41502. Federal Excise Tax Exemption Cenifimte of Registry 84fio0)o589 is regimes wind rise Collector of Failure of Ore Purcbuew to iuut upon strict performance of the terms and endirions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1993. Chapter 39-26.114 (a), merclse my rights or comics presided herein or by law, failure to promptly notify the Seller m the event of a breach, the acceptance mfor payment for goads hereunder or approvat afhe design, shall or release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet szesei umio o, either when shipped a due to defers of any of the warmmies or obligaiou of this pmcbase order and shall not be deemed a waiver of my right of the damage in ..it, may be returns to you for can ad arc not on be r,[.cd except upon receipt of wdnen purchaser to insist upon aide, performance hereof., any of its rights a remedies as to any such goods, regardless insurance, Bom the City of Fort Collins. of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any purpomed oral 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 For Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Cdlins. However, it is to be understood that FINAL Seller and the Pumhuer recognize that in actual economic practice, o erchadi resulting form antitrust ACCEPTANCE is dependent upon completion of all epplicible required inspection procedures. violations ane in fact home by the Purchaser. Theretoforefor good cause and as considemdon for executing this purchase order. the Serer hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most he EO.D., City of For Collins, 700 Wood SL, For Collins, CO 80522, undess acquired miler federal or stale antitrust laws for such overcharges miming to the Particular good or services otherwise specified on this order. Upemrission is given an prepay freight and charge separately, the original freight pmchmed or squired by the Purchaser pursuant to this purchase order. bill mum accar mwny invoice. Additional chances for poking will rot be ancepta. Shipment Eastman. Where rrranufactumm have distributing points in venous pars of the country, shipment is expected from Ric neared distribution point to dcsnmtinn, and excess freight will be dammed form Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, ,,.Motions, ordinances and mars of the write. municipality, temtory or poliliml subdivision where the work is performed, or required by any other duly constimred public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City alFan Collins harmless from and against all liability and loss warred by then by reason of an asserted or estuhiished violation of any such laws, regain inns, Ordinances, rules and requirements. Authorization. All parties to this contract agree that fee repreaenratives me, in fart, bona fide anJ possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Proudem Order expressly limits acceptance to the terms and conditions stored herein set both and any s ipplemenmry or additional terms arm conditions aonexa hereto or incorporated herein by reference. Any ddirimal or different tams and conditions propsed by seller ate objector to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date as owed. Time is pf the essena. Delivery and performance must be effected within the time slated on the pmcham order and the documents attached herem. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purcicaer shall have, in addition to offer legal and egtrouble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Ilowmer, the Seller shall aot be liable far damages u a rcsull of delays due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGod, acts ofcivil or military authorities, govemmental procties, fires, strikes, Rood, epidemics, wars or riots provided that notice ofthe conditions caning such delay is given a the Purchase, within five (5) days of the time when the Seller fins received knowledge thertoll In the even of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANFY. The Sella sorter¢ Nat all good. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andror other descriptions given, will be fil for the purpns intcded, and performed with the highest degree of rare and competence in acmNance with anceated sWdard for work of a similar vlure. The Seller agrees to hold 0te purchaser harmless from any loss, damage or expense which the Purchaser may suffer or human account ofthe Sellers breach of wamenty. The Sella shall replace, repair or make good, without com to the pumbaseq any defects or faults arising within one (1) year or within such longer pens of time as may he prescribed by law or by due terra of any applicable wami provided by the Seller after the dale of acceptance of the goods fumisbs hereunder (aeeeptince not to be mrmsonabay delayed), resulting from imperfect or defective work done or matmals furnished by the Seller. Acceptance or use of goods by the Purchaser shall nal urinate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass orprofits or loss of eve. 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 "a,. change order. 5. CHANGES IN COMMERCIAL TERMS. The Porch era may make any changes or the terms, other than legal toincluding ddifi ns to or deletion from the quantities originally offered in the speciGwtinm or drawings, by cabal on, warren change order. If coy such change effects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the probes as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goad which are the Sellers standard stack. No such termination And relieve the Purchaser or the Seller ofany of their obligations as on any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for isjustment most be aue red within thirty (30) days Item the date the change or tertnimation is ordered. S. COMPLIANCE WITH LAW. The Sella warrant Nat all good sold hereuda shall have been produced, sold, delivered and fumished in scrim compliance with all applicable laws ad regulations a. which the gods are subjst. The Sells shall execute and deliver such documents m may he natural to effect or evidence compliance. All laws and regulations required to be ncoryomted in agreements of this character are hereby incorporated herein by this referent. The Seller agrees to indemnify and hold the Purchaser ha,maas from all casts and damages surfaced by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall outgo, transfer, or convey this order, or any monies due or to become due hereunder without he pus or written consent of the other party. 10. TITLE. The Sells warrants full, clear and umestnned title to the Purchaser for all alMpamnt, materials, ad items famished in Performance of this agreenrent free and clear of any and all liens restrictions, reservations, security interest enmunbmmes and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I(me Proxima ditecrs the Sella to correct wasainfaaming or defective good by a date to b, agreed upon by the Purchaser and the Sella, add the Seller thereafter indicates its inability or wwilf guess to comply, the Parcbaser may cause the work to he performed by the most expedition means available as it, and the Seller shall Jury all costs assaciatal with such work. The Seller shall release the Purchaser and its contmemrs of any tier form all liability and claims of any nmurt walling from the performance of such work. This release shall apply even in the event of fault of negligence of the party releases and shall extend to the directors, officers and employees ofsuch parry. The Seller's contractual obligations, including warranty, shall Out be decreed to be x ma, in any way, because such work is pafrmad or caused m be performed by the Purchaser. 14. PATENTS. Whenever doe Sella is required 1. use any raga, device, material or process covers by lean,, pman4 trademark or copyright the Seller shall indemnify and sore harmless the Purchaser from any and all claims for infringement by reawn of the use of such putenmd design, device, amended or process in connection with the enin.I. ad shall indemnify the Purchaser for any cost, expense art danmge which it may b, obliged to pay by reason of such infringement a, my time during the pmsa'ution or after the completion of the work. In case said equipment, art any par thereof or the Intended we of the goods, is In such Suit held to constitute Infnngemem and the eve of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procare for the Purchaser the right to continue using said equipment or pans, radius, the same with substantially equal but naninfringing aacipmenl, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or fortiori make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Promoterwithout liability. 16. GOVERNING LAW. The definition of terms mud or the intermaamert of thc agreement and the rights of all pmrim hereunder shall be ronswed ads eel govmrcd by the laws ofthe Sum of Colorado, USA. The fallowing Additional Condition apply only in cases where the Seller is to pert work hereunder, including the services of Sellers Parusautive(s), on the premiss ofo0rers. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until the some is fully completed ad accepted, and shall, n case of any accident, destruction or injury f the work and/or materials before Seller's that completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are fumished by others for installation or section by the Seller, do Seller shall receive, unload store and handle same at the site and became responsible therefor as though such materials anNor equipment were being f fished by the Seller under the order. 18. INSURANCE. The Seller shall, at his non ex,eme, provide far Ne payment of workers enmpenution, including ..In.[ disease benefits, to its employees employes on or in variation with the work envered by this purchase under, torpor to their depederrts in accordance with the laws of the said, in which the work is to be done. The Sells shall also wry comprehensive formal liability including, but not limited to, carcinoma] and automobile public liability inur . with bodily inryry arm comb limits of et lens, S3oo.000 for my we person, S500,00o for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his tors, if my, to provide for such con some, an and insurance. Before any of the Sellers or his contractors employees shall du any work upon the premises of others, the Sells shall famish the Purchaser wit a conifiwte that such compensation and insurrance have been provided. Such certificates shall spiry the we when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. Me Seller agrees that such compensation and insurame shall be maintains until after the entire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby usumu the entire misponsibil it, and liability for any and all damage, loss or injury fany kind r nown whatsoever to persons or property caused by or resulting from dre execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold Formula, the Parchment and any r all of the Purchasers offcers. agents and employm from will against any and all claims, losses, damages, chorea or expenses, whether dined or indirect, eel whether to persons or property to which the Purchaser may be pm in subject by reason of any act, action, acgled, omission or default on the pan of the Seller, any of his commmoes, or any of the Sellers or ennuactm oRcers, agents or employees. In rase any it or other proceedings shall he brought against the Purchaser, or to "am or employees in any nme on acm at in by reawa of any ac4 action, neglect, omission or default of the Seller of my of his contractors or any of its or thew officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense Netwf and to defend the same at the Sellers owns expense, m pay any and all casts, cherees, artameys fees and other expenses, any and all jdgmcom that may be ineurrs by or obtained against the Purchaser or any Of its ar their othcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the properly ofthe Purchaser or said parties in or as a result of such suits or other procand ngs, the Seller will at once cause the same to be, dissolve and discharge by giving bond or oferwise. The Seller and his contractors shall take all safety limitations, fish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safely including, but without Rand m, the Occupational Safety and Health Act of 1970 and all rules and regulations issued parsarm thereto. Revised 07=4