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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9140423 (8)PO PURCHASE ORDER 914042er Page CI�f of PURCHASE 9140423 ' of z ' `t Collins lins This number must appear V ` �7 on all invoices, packing sli s and labels. Date: 12/19/2014 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: 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 17 Concrete & Asphalt Addendum to PO 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 15,000.00 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt from state and local Over, Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Conifeme of Registry 84-6000587 is registered with the Culli m, of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stammer 1973, Chapter 39-26,114 (a). examice any rights or remedies provided herein or by law, failure to Promptly notify the Seller m de event of a breach, the accuptmce of or payment for goods hereunder or approval ofee design, shall not release to Seller of Goods Rejecan, GOODS REJECTED due to failure to meet specifications, enter when shipped or due to defects of any of the warranties or at ligatiosts of this purchase order end shall not be deemed a waiver of any right of be damage in transit may he mourned a you for credit mall ate not to be replaced except upon saeipt of wrium purchaser to insist upon strict performance berwfor any of its rights or remedies as to any such goods, regardless irsstmcdons from the City ofFon Collins. of when shipper, received or smarted, as m any prior or subsequent default bereund., nor shall any purported am[ modification or rescission of this purchase order by the Patrolman operate u a waiver of any of be terms Inspection. GOODS are subject to be City of Fan Collins inspection an arrival. thereof. Final Acceptance. Receipt of the merchandise, servim or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. enthodzed payment on be pan of the City of Tom Callao. Hawevrr it is in be understood that FINAL Seller and the fro cheer recognize dot in armed economic practice. Overcharges resulting farm i ntitmsl ACCEPTANCE is deprndenl upon completion of all applicable required inspection procedures. violations are in fact home by the Pumbarm. Theretofore, for good cane and as consideration for executing this patches. order, the Sell. hereby usi,m f the Pumbaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of I. Collins, Too Wood St, Too Collins, CO 80522, unless acquired under federal or state sntitvst laws for such overcharges relating to to panieular goods or services Otherwise specified on this order. If permission u given to prepay fight and charge separately, be ongiml freight purchased or acquired by to Purchauf pursuant to this purchase maker. bill men nccommnv invoice Addifml chamu for mekine will rat be becomes. Shipment Distance. Where manufacturers line dtstributing Points in various pans of the cmmry, shipment is expected from tire removal distribution point to destination, and excess fight will be deducted tram Invoice when shipments are made from greater distance. Termini. Seller shall procure it sellers sole cost all necessary permits, cedificam5 and Iion, rmes required by all applicable laws, regulations, ordinances and roles of to state, municipality, rommry or political subdivision where the work is performed, or required by any other duty consumted public authority having jurisdictim over the work of vendor. Seller further agrees to hold the City of ran Collins hamlets form and against all liability and loss incorrect by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits accemance to to lams and conditions stated herein set foM and any supplementary or additional mans and conditions am m d hereto or imis"nan i main by reference. Any additional or different moss and conditions proposed by sdler art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you emnot make complete shipment to crave on your Promised delivery data m ..,ad. Time is of the asserw. Delivery and perfonnorce must be effected within de time ,toed on the purchase order end the docmnuns muched herein. No eels of the Ponchos. including, without limitation, accepmmm of partial late deliveries, shall mime m a waiver of this provision. In the event of any delay, the Purchases shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding to Seller liable far damages. Hanover, to Seller shall tool he liable for &.,. as a restall of delays due to muses rat maumbly fortseeable which are beyond its reasonable control and without its fault ofnegligmee, such acts of God, acts ofeivil or military aulhoritia, governmental priorities, fires, strikes, Band, epidemics, was or riots provided dot notice of the conditions cousin, such delay is given to the Purchaser within five (5) days of the time when de Seller fro received knowledge thereof In be event of any such delay, be date of delivery shall be extended for the period mail to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, numdals and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will M fit for the For osu intended, and perforated with the highest degree of came and maintenance in accoNance with accepted sexual fro work of a similar nature. The Seller agrees to hold the pmcM1ascr bmmless from any loss, damage or expense which the Purchaser may suffer or incur m account argue Se11m breach ofwa ,y. The Sella shall replace, repairm make good, without cost to the purchaser, any defects or faults arising within one (1) year orwithin such longer period of time is may be prescribed by law or by the terms ofmy applicable warranty provided by to Seller no, the date of acceptance of the goods famished hereunder (acceptance not m be unrensona bly delayed), resulting from imperfect or defective work done or masmals famished by the Seller. Acceptance or use of good by the Purchaser shall not consulate a waiver of any claim under this warranty. Except u otherwise provided in this purchase order, to Sellers liability hereunder but extend to all damages proximately caused by the breach of my of the functional, acceptiu or gna cures, but such liability shall in no event include lass of profits or loss of use. 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 wnnen change order. S. CHANGES IN COMMERCIAL TERMS. The Pumbater may make my changes to the trou , ceder than legal rams, including addition to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects be amount due or be time ofpeffommce hereunder, an equitable adjustment shall b<aside. 6. TERMINATIONS. The Purchaser my at my time by written change order terminate this agreement as to my or all portions of the goods den not shipped, subject o any equitable adjustment between the parries as to any work or materials then in progress provided that the Purchaser shall not be liable fro my claims for anticipated profits on the uncompleted portion of the goods anNor work, for incidental Or commandial damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller army of their obligations as to any gaud delivered hereander. 9. CLAIMS FOR ADJUSTMENT. Any claim for edjustment bear be assumed within thirty (30) days from the date be change or terminatim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods me subject. The Seller shall execute and deliver such daumens m may he required to diee, orevidmce compliance. All laws and regrtlations rryuires to has inconpomad in agreements of this chamcta we hereby incorporated herein by this reference. The Seller agrees to indanmiy and hold fie Parent harmless from all costs and damage suffered by be Purchaser as a mull of fie Sellers failure in comply wif such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wrinen consent of the other party. 10, TITLE. The Seller warrants full, clear and mampricted title m the Pmchuer for all equipment, mmeruds, and it. famished in performance of this agreement f and elm of any and all liens, musicians. mannexions, security interest encumbrances and claims ofofers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goad by a data m be agreed upon by the Purchaser and the Seller an I the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs msaciatN with such work. The Seller shall rclrem the Purchaser and its contmetors of any lier from all liability and claims of any mom resulting from fie pert mice of such work. This mime shall apply even in to event of fault of negligence of the parry released and shall extend to the directors, cheers and employees of such piny. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, Promise such work is performed err caused to be performed by the Purchaser. 14. PATENTS. Whenever to Seller is fix ired to use any Ruder, device, mmcrial or process covered by lamer, patent, trademark or copyright, to Sella shall inderrmiy and save harmless fie Purchaser fro any and all claims fro infnngemeat by reason of be use of such patented design, device, matmal or process in connection with to contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofauch infringement at my time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of be good, is in such suit held to constitute infrrigement and the use of said equipment or pan is enjoined, the Seller shall, al its awn expense and at its option, either procure for the Purchaser be right to continue using said equipment or parrs, replace the same with substantially equal hot noninfriming equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If be Seller shall become insolvent or baNmpt, make an assignment for to benefit of creditors, appoint a receiver or trance for my of the Sellers property or business, this order may forthwith be canceled by to Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or be interpretation of fc agreement and be rights of all parties hereunder shall be omtrued under and governed by the laws affair Suite afColomder, USA. The following Additional Conditions apply only in cases where do, Seller u to penbran work hereunder, including the services ofSellcn Repmunutive(sk on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall terry on said work at Settees own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's foal completion and acceptance, complete be work at Sellers own expense and to the satisfaction of the PurcM1mer. When materials and equipment are humishnd by others for installation or erection by be Seller, the Seller shall receive, unload store and handle same at fe site and become responsible therefor us tough such matenals and/or equipment were being furnished by the Seller wder to order. 18. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compenstion, including occupational disease brnefits, to its employees employed on or in connection with the work covered by this purchase order, anNor to their dependents in accordance with the lave of the state in which the work is to be done. The Seller shall also carry comprehensive poison liability including, but not limited W. conwemal and automobile public liability insurance with bodily injury and death limits of at lest S300,000 far any one person, S500,000 for any ore accident and prapeny damage limit per accident of 54100,0e0, TM Seller shall likewise require his computers, if my, to provide for such compensation and insurance. Before my of the Sellers or has contractors employees shall do my work Olson the premises of others. the Seller shun humid, to Purchaser with a are iftcate, that such compensation and insurance have ball provided. Such ccnifimms shall specify to date when such compensation and insurance have been provided. Such conifmmes shall aped fy the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall has maintained until aftor the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss ar injury ofmy kind or minor whimmcver to persam or propnsy maned by or resulting from to execution of the work prevldcd for in this pmrchaw order or in connection herewith. The Seller will iMemNy and hold hamdeas the Purchaser and my r all of de Facilities officers, an. and employees from and against any and all claims, losses, damages, charges or expense, whether direct or indirect, and whether m persons or property to which to Purchaser may he put or subject by reason of any aw, anion, neglect, omission or default can be pm of the Sell., any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall Ise brought against fe Purchases, or its Officers, agents or employees at any time on account or by rcamn of any act, action, neglect, omission err default of the Seller of any of his contractors or any crux or their officers, agents or employes as aforesaid, an, Seller hereby agree to assume be defmse bounif and to defend be same at the Sell. own expense, to pay any and all cows, charges, atlomeys fees and other expenses, any and all jndgmms that may be incorrect by or obtaines against fie Pmchasr, or any of its or their oRcers. agents or employees in such suits or other proceedings, and in tau judgment or other lira be placed upon or Obtained against be pmpmy of be Purchaser, or said pmies in or u a result crunch suns Or ofer resistant, be Seller will at once cause the same in be dissolved and discharged by giving bond or ester cure. The Seller and his contractors shall take all safety precautions, famish and install all gnords necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulafm issued punuzut flown, Revised (Un014