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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9141353PO PURCHASE ORDER 914135er Page C117/ of PURCHASE 41353 1 of z ' `t Collins( hisnumbermustappear V " 1 1 on all invoices, packing sli s and labels. Date: 03/04/2014 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: 03/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Invoice#12784843 1 LOT LS 10,560.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'Penals and Conditions Page 2 of 2 1. COMMERCIAL DEfAIM. Tax exemptions. By made the City of Fon Collins is exempt farm sweand local faxes. Our Exemption Number is ILNONWANER. 98,04502. Federal Excise Tex Exemption Certificate of Registry 10-600058I is registered whir the Collator of Failure of ire Purchaser to insist upon strict Perfomance of he terms and conditions hereof, failure or delay to Internal Revenue, Denver, Columbus (Ref. Colorado Revised SmWtes 1973, Chapter 39-26.114 (a). exercise any rights ar remedies provided herein or by law, failare so promptly tmtify the Seller in the event of a breach, the acceptance of., payment far geod hereunder or approval ofNe design, shall cot release the Seller of Goal Rejected. GOODS REJECTED due to failure m meet spacifmrim s, either when shipped a due to defecu of any of the warranties or obligations of this puehau order and shall not be deemed a waiver of my right of the damoge in transit, may be rammed to you for credit and art not to be replaced except upon receipt of xvimen purchaser to insist upon strict performance hereof., any of its rights or remedies as ro any such goods, regardless inswclions farm the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, favices or equipment is response 1. this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual accurate practice, ovearharges resulting farm antitrust T ACCEPANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Tomlinson, Theretafore,nfor good cause and as consideration for executing this purchase order, the Seller hereby maims to the Purchases say and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 200 Woad St., Fort Collins, CO 80522, unless acquired under federal or state wtitrnst laws for such reconorgea relating to the wnicular goods or services otherwise specified on this order. if pemtission is given to prep y freight and charge Mini aly, the original freight purchased or acquired by the Purchaser pursuant to this purchase ardor. bill most accompany invoice. Additional changes for packing will not be eventual. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Durance. Where manufacturers have distributing Points in visions now of the country, shipment is If the Purchaser direms the Seller to correct nonconforming or defective goods by a date,. la, agreed upon by the expected from the camesr distribution point to Initiation, and excess freight will be deducted from Invoice whim Purchaser and the Seller, and the Seller member indicates its inability an unwillingness to comply, the Purchaser shipments we made from greater durance. may cause the work to be reelected by the most expeditious mews available to it, and the Seller shall pay or costs aumianed with such wmk. Permits. Seller shall procure at sellers sole rest all necessary permits, certificates and linernes required by all applicable lases, Morainic, cardamom, and tales tribe state, municipality, lu bury or political subdivision where the work is performed, or required by any other duly constimmd public wthenly having jmi.widion over the work of vendor. Seller further now to hold the City of Pun Collins hamrless farm and against all liability and lass incomed by them by reason of as .,,,led or established violation of my such laws, regulations, ordinances, tales and requirements. Authorization. All panics m this correct agrm that the representatives am, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein act fonh and any supplementary or additional arms and conditions annexed hereto or incorporated herein by reference. Any additional or dilrerenuenm and conditions proposed by seller are objected to and hereby rejeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you ewe make complete shipment o arrive on yam promised delivery date is noted. Time is of the Essence. Delivery and cormrmance, mast be affected within the time stared on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall marine as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and arbable remedies, the option ofplacing this order elsewhere and holding the Seller liable far damages. However, the Seiler shall not be liable for damages as a result of delays due,a muses not reasonably foresxable which are beyond its reamnable a.m.] cod without its Fair of negligence, own as of Gal, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when tlm Seller first received knowledge thereof In the event of any such delay, the d to of del ivery shall be extended for the period equal as the time annually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, asides, materials and work covered by this occur will confoml with applicable drawings, specifications, samples wNm other descriptions given, will be Fit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted standard for work of a similar mature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may surer or incur on amount of the Seller breach of warmnry. The Seiler shill replace, Mid, or make good, without cost o the purehaseq coy de@cts or faults arising within one (1) year or within such longer period of time as may be ptescnbM by law or by the tenor of coy applicable warmly provided by the Seller after the done of acceptance of the goods bandit hereunder (acceptence not to he unreasonably delayed), resulting from imperfect or defective work done or materials f fished by the Seller. Acceptance in we of good by the Purchaser shall not continue 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 isworries or guarantees, but such liability shall in no event include loss of profits or lass of am NO IMPLIED WARRANTY OR MERC14ANTABI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the emu, other than legal temu, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change afieds the amount due or the time o(perfoamame hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The Pmrhase may at any time by wrim clof ceder. to arm his agreement as Ira any or net portions tribe goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in Progress provided slur the Pumhmer shall not be liable for any claims for aaticipmed profits on the uncompleted portion of the goods motion work, for incidental or consequential dmmages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as many goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or mannarlion is ordered. 8. COMPLIANCE. WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and famished in sent compliance with all applicable laws and regulations to which the good are subject The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be moryammst in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify most hold the purchaser harmless fmm all cots and damages suffered by flue Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign,..for, or carry this calls, or any mania due or to become due herewder without the prior written comet ofthe ether parry. 10. TITLE. The Seiler warrants foil, clear and unrestricted title to the Purchaser far all equipment, materials, and items famished in performance of this agreement, Gee and clear of any and all hem, mommucan, reservations, security interest encumbrances and claims nfothers. 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 release shall apply even in the even, of fault of negligence of the pan, released and shall extend In the directors, officers and employees of such party. The Senors contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14, PATENS. Whenever the Sella is required to use any design, device, material or process covered by letter, parent, trademark copyright, the Seller shall indemnify and save ham less the Purchaser from any and all claims far infringement by reason of the use of such Patented design, deceive, material or process in connection with the contract, and shall indemnify the Purchases for any cast, expense or damage which it may be obliged to pay by mason of court infringement at any time during the prmecmion or after the completion or the work. In ease said equipment, or coy con thereof or the intended use of the goods. is in such snit held to comtitnm inGngement and the use of said equipment or pan is enjoined, the Seller shall, at its can ex,mo a and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes aminGinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the beefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may lonhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofNe agreement and the rights of all parties hereunder shall be owerm d under and gseemed by the Hws of the Sam ofC.Ia.&, USA. The following Additimil Conflicts apply only in cases where the Seller is to pert work hereunder, including the services of5ellers [Mmurestive(s), on the premum of others. Il. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers owes risk w,il the same as fully completed and accepted, and shall, fir case of any ancidert, destruction or injury to the work anchor materials before Sellers final completion and acceptance, mandate the work at Seller's own expense and to the satisfaction of the Purchases. When wounds and equipment am f ished by others for installation or erection by the Sells. the Seller shall receive, unload store and handle same an the site and become responsible therefor as though such materials and/or Narrator were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn 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, saran to that 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 limited to, contractual and aatomabile public liability insomme with hourly injury and death limits of at least S300.00) for any one person, 5500,000 for any e accident and property damage limit per accident of S40g000. The Seller shall likewise require his rectors, if any, to provide for such compensation and invasions, Before any of the Sellers or his containers employees shall do coy .,it upon the premises of others, the Sella, shall f ish the Purchaser wish is certificate that such compensation and insurance have been provided. Such cmificmn shall specify due date when such compensation and warrant have been provided. Such m,ficates sluff specify the dare when such contamination and insurance expires. The Seller agrees that such marten Lion and insurance shall be nownsineJ until anion the entire work is com med and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided form this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr.11 of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expemes, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, emission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oficom, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its offivers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seiler of any of his commmom or any of its or them oMo., agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and m defend ire same in the Sellers awn carmine. 1. pay any and all emu. chargers, attorneys fees and other expenses, any and all judgments the, may be ircuned by or mbmhted against fie, Purchaser or any of its or thew oficess, agents or employees in such suiu m other Intermediate, and in case judgment in other lien be placed upon or obtained agaim, the property of the Purchaser, or said Forma in or as a mull fsuch suiu m other proceedings, the Seller will at move cause he same,. be dissolved and discharged by using bend or otherwise. The Seller and his contractors shall take all safety precautions, famish and moron all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without hanitiioq the Occupational Safety end Health Act of 1970 and sit roles cod regulations issued pursuant them.. Revised 03R010