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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9141782PURCHASE ORDER PO Number Page City of PURCHASE 41782 + of z Flirt Collins/ his number must appear /�„!"`\,/`I ` V "' 1 on all invoices, packing sli s and labels. Date: 03/2812014 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: 03/27/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Inv 12818194 2-12-14 for Snow & Ice removal 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 LS 53,955.00 Total 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 Fan Collin is exempt from some and local taxes. Or Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cattle. of Registry 84fi 587 is registered with the Collector of Failure of the Purchaser to lost upon strict performance of the term and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stowe s 1973, Chapter 39-26, 114 (a). exercise any rights or remedies rovied herein or by law, failure to Fron try notify the Seller in the event of a breach, the acceptance ofor payment for goods Ircrtunder or approval or the design, shall tar release the Seller of Goods Rejected. GOODS REJECTED due to failure m as specifications, either when shipped or due to defense of any of the warranties or obligntiotss of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rammed to you for credit and am era, to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instmaiom from the City of Fort Collins. of what shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any perportN oral mdifiewim or rescission of this purchase order by the Purchaer opeate as is waiver of any of the tams limparion. GOODS are subject m the Ciry of Fort Collins impectiou on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment an the Pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from arocaas ACCEPTANCE is dependent upon completion of all applicable required inspection procedurt violations arc in fact borne by the Purchaser. Theretofore, for good come and as consideration for executing this p rachow enter, Ne Seller hereby cosigns m din Purchaser any end all claims it may raw have err hereafie, Freight Terra. Shipments muss be F.O B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under Record or state antirust laws for such overchargm relating to the particular goods or services otherwise specified on this oNer. Upermission is Bivm to prepay freight and charge separately, thc original freight purchased or acquired by the Purehaur pursuant to this purchase inter. hill riot aacomnnnv Invoice_ Additional chances for oackam will not be accemed. Shipment Distance. Where manufacturers have distributing points in various Pans of the country, shipment is expected from the newest distribution point to deer iration, and excess freight will be deduced from Invoice when Shipments are made from greater d¢wnae. Permits. Seller shall procure at sellers sole cost all necessary permits, ttrifiatas and licenses requital by all applicable laws, regulations, ordinances aal toles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss ineumrl by them by main of an assured or established violation of any such laws, regulations, ordinances, toles and regiment., Aufodvation. All paries to this contract agree that the representatives sm, in fact. bona fide end possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temss and andilios scored herein set forth and any supplementary or additional temp and condition annexed hereto or incorporated herein by reference. Any additional or different teas and condition proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be eReded within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of ponial late deliveries, shall operate as a waiver of this provision. In the even, of any delay, the Purdamer shall have, in addidon m other legal and equitable remedies, The option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not b, liable fro damages as a mil, of delays due to causes not reasonably foresttable which are beyond its reasonable control and without ins fault of negligence, Such acts of God, ac6 of civil or military outhon,ies, governmental priorities, fires, strikes, Bad, epidemics, wars or riots provided that notice of the conditions causing such delay is given,a the Purchaser within five (5) days of the time what the Seller fiat received knowledge thermf. In the event of any such delay, the date of delivery shall be eirndal for the prod ry.I m the Time actually dos, by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or oNer descriptions given, will he fit fir the pW.Sa, intended, and performed with the highest degree of rare and competence in accordance with accepted standards for work of a similar wire. The Seller agrees m held the purchaser barmdaas from any loss, damage or expense which me Purchaser may suffer or incur oa account of the Sellers breach of warranty. The Sella shall replan, repair or make good, without cost to the purchaser, any defe o; or faults wising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Sella after the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchmer shall not constitute a waiver of any claim under this warranty. Except ss otherwise provided in this purchase order the Sellers liability Remainder shall extend m all damages proximately caused by the breach of my of the foregoing wwraaties or guawmes. but such liability shall in era evem include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchow, may make changes to legal of. by wrihen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, ether than legal terms, including aditios to or deletion fmm the quantities originally ordered in the specifications or drawing, by verbal or women change order. If any such change effects the amount doe or the time ofperformma hereunder, an rpuilable adjustment shall be made, 6. TERMINATIONS. The purchaser may ar any time by written change when, mrmhare this agreement as to any or all pones of the goods then not shipped, subject to any equitable adjustment between the parries ss no any work or materials then in progress provided that the Indochina shall not Ix, liable fro any claims for anticipated Pat an the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with reseal to any goads which en he Sellers standard stuck. No such termination shall relieve the Pamhaer or the Seller army of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ..ad within thitry (30) days fimo the date the clange or ,amirution is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods Sold hereunder shall have ban produced, sold, delivered and fumishal in so-ict compliance with all applicable taus and Martatiom to which the goods we subject. The Sella shall execute and deliver such casements as may be r uind to off xt or evidence compliance. All laws will regulations mr,mo l to be mcoapomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser harmless from all wars and damages suffered by the Purchaser as a result of the Sellas failure to comply with 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 wdnen moment of the oNer pay. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchroer for all equipment, materials, and in. famished to performance of this agreemenft free and clear of my and all lies, rwhictioni, reservations, security interest encmwrawas and claim, ofnNax 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the Purchaser and the Seller, and the Seller Nerealter indicates its inability or unwillingness to comply, the Purchmer may rouse the work to he performed by the most expedition means moulable to it, and the Seller shall pay ail costs associated with such work. The Seller shall releme the Purchsa and its contractors of any tier fmm all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pity released toed shall extend in the directors, officers ad employers ofsuch party. The Sellers contractual obligations, including warranty, Shall not be dttmed to be reduced, in my way, baaraw such work is performed or caused to d performed by the Purchaser. 14. PATENTS. Wheneva fe Scller is nyuircd to me any design, device, material or process covered by later. Patent, trademark or copyright, the Seller Shull indemnify ad save harmless the Purchoser fruit any and all claims far infringement by reason of Ne use of Such patented design, device, matrnal or process in cormilim with dre cantran, and shall indemnify the Purchaser for any cost, expense or damage which it may IS, obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said aluipment, or any pan thereof or the intended we of the goods, Is In such suit held to constitute infringement and the me of Said caulpment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the righl to continue at, said ry.ip.nt or pans, Mice the Same with substantially equal but nomadinnging a uippar, cr codify it m it becomes rmninGinging. IS. INSOLVENCY. If the Seller shall became insolvent or bmkrup,, make an amignmens for the benefil of creditors, appoint a or umme for any of the Sella, property or brine., this aide, may forthwith be canMal by the Pumbson without liability. 16. GOVERNING LAW. The definitions ofterrns used or the interpretation of Ne agreement and the Lights ofall parries hereunder shall be combined under and governed by the [w, of the State ofColoado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Repress ance(s), on the premises ofothers 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk =fit the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchow, When matarials and equipmert we f ished by others for installation or erection by the Seller the Seller shall receive, unload, stare ad badle same at the site and became responsible therefor as though such wi terials and/or equipmrnt were being famished by the Seller undo the order. 18. INSURANCE. The Sella Shall, at his own expense, provide for the payment of workers compensation, including mun,atiorul disease benefits. to its employees employed on or in connection with the work covered by this purchase order, mal m their dependrnts in accordance with the laws of the site in which the work is to be done. The Sella shall also any comprehensive gaeml liability including, but trot limited to, contractual and automobile public liability imumnce with bodily injury and dead limits of at least S300,000 for any are person, S500,03o for any one accident and property damage limit pa accident of $400,000. The Seller shall likewise require his nmracmn, if any, to provide for such compensation and insurance. Dar re any of the Seller, or his anomclnrs employees shall do any work upon the premise of others, the Seller shall finish rise Purchaser with a cmificate Nat such compensation and insurance have been pmvidd. Such certificates shall specify the date when such compensation and israwo, have been provided. Such certificates shall specify the die when such compensation and insurume expires. Tice Sella agrees that such compensation ad inawance shall be maintained until after the Laurie, work is complied and internal. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire reimmibility and liability for any and all damage, loss or injury mfmy kind r accurate whatsoever to Favors or property, aid by or resulting from the execution arrihe work provided for m this purralows, order or in connection herewith The Sella will indemnify ad hold Families the Purchsser ed any cr all of the Purchasers officers, agms aal employees from and against any ad all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by mason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or emplayas. In case any suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or by rewmr of my rot, wfirm rrcglM, omission or default of Ne Sella of any of has comractms on any of is or their oRcas egrns or employees as aforessid, Out Seller hereby agrees to assume the defame thercof and to defend the Same en the Sellers own expense, to pay any and all cast, charges, itomeys fees and other expenses, any and all judgment, that may he incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parries in or as is work ofsuch .its or other proceedings, the Seller will at once cause Ilse mare to be dissolved and discharged by giving bond or otherwise. The Sella and his conuacmrs shall like all safety pnecautiona, famish ad install ell guards necessary for the Formation of accidents, comply with all laws and regulations with regard to Safety including, but without limitation, the Occup towel Safety aad Health Act of 1970 and ell toles and regulations issued pursuant thenum. Revised 032010