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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9146457PO PURCHASE ORDER 914645er Page C117/ of PURCHASE 9146457 ' of z ' `t[ OI tins This number must appear V ` 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: 11/04/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 INV 14152382 Per T&C's of Bid 7377 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@fogov.com 1 LOT LS 12,798.86 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 exempriotss. By stature the City of Fart Collins is exempt farm spite and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certifimm of Registry 84-60005111 is registcmd with the CwI,,wo of Failure of the Purchasr b insist upon strict par smarm of the terms road conditions hereof, failure as delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993. Chapter 39-26,114 (a). exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or paymenr far goods bromide, or approval ofthe design, shall not release the Seller of Goads Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in moral, nay be recurred to you for credit and me not to be replaced except upon receipt of written purchaser to insist upon stria performance hermfor any of its rights or remdies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the lama Inspection. GOODS are subject or the City of Fort Collim inspection on arrival. hermf. Fired Acceptance. Receipt of the merchandise, warviver or equipment in response an this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autlwr acts peAre m m the pan of the City of Fort Collins Hweiver, it is to he utdmtW that FINAL Seller and the Purchaser recognis but in antcal economic practice, overcharges resulting farm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violation are in farm homertm by the Purchaser. Theforef r good muse and as consideration for exerting this purchase order, the Seller hereby assigns le. the producer any and all claims it may aow have or hertaae, Freight Terns. Shipmenes most be F.O.R., City of Fort Collins, 900 Wood S,, Fran Collins, CO 80522, unless acquired under federal or state commant laws far, such evomhafges mining or the Particular goods or services otherwise specified oa Nis We,. If pennusi m is given to prepay freight and charge sepaolely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit 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 pans of the country, shipment is If the Putuhmer directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by the expected from the .,a,, distribution point to destinstion, and excess freight will be dduaed form Invoice when Parahnw, and the Sella and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be Performed by the most expeditious means available to i, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sale cost all necessary prnnits, mrtificates and licenses natural by all applicable laws, regulations, owirances and piles of the stale, municipality, territory or political subdivision where the work is performed, or retained by my other duly weraticuted public authority having Intonation over the work of vendor. Seller further agrees b hold the City of Fort Collins harmless from and against all liability and loss recurred by them by reason of an asserted or esablished violation army such laws, regulations, ordwances, piles and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bons fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moms it conditions sated herein set forth and any supplementary or additional actors and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller ore objected to and hereby rejreted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdimely ifyou cannot make complete shipment an wave on your promised delivery date as crated. Time is order essence. Delivery and performance most be eRectd within the time soared on the purchase order and the documents arched hereto. No aces of the Purchmm including, without limitation, acceptance oflaadizl lam deliveries, shall operate as a waiver ofthis provision. In the event army delay. the Producer shall bare, in addition b order legal and q.table remedies, the option ofpwcim this order elsewhere and holding be Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to rouses not reasonably foreseaable which art beyond its reasoncMe control and without its foul, of negligmce, such acts of God, act, ofcivil or military authorities, gavemmental priorities,( s, strikes, Bond, epidemics, warsm rims provided but 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 any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason oflhe delay. 3. WARRANTY. The Seller warrants that all goals, amides, materials and work covered by this ewer will conform with applicable drawings, specifications, samples anduor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance wid, accepted standards far work of a similar ware. The Seller agrees 1- hold the purchaser hamdess farm any loss, damage m capitalist which the Pumuuef may suRef or went on would argue Sellers breach wwaronty. The Seller shall replace, repair as make good, without cast to the purchaser, any defects or fades arising within one (I) year or within such longer peril of time m may be presented by law or by the tans of any applicable womanly provided by the Seller after the date of acceptance of the goods fumkhed hereunder (acceptance nouo h unremonably delayed), resulting farm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall no, mandimte w waiver of any claim under this warranty. Except as otherwise provided in this purchase node, the Sella 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 of profits or less of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pardoner may make changes to legal terra by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mom, other Jan legal terms, including additions to or deletions farm the quantities originally ordered in the specifications or drawings, by verbal or written change owe. If any such change offers the amount due or the time afperformmbe beretmdi, an equitable adjutmmt shall be made. 6.TERMINATIONS. The Purchaser may at any time by written change order, terminate his agreement a to any or all portions of the goods then not shipped, subject to any quibble adjunmmt between the parties as to any work or materials then in progress provided that the Purchase, shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andlor work, for incidental or consequential damages, and that no such adjustment be made in four of the Seller with respect to any goods which are the Sellers standard stock. No such mamirmion shall relieve the Purchaser or the Seller army oftheir obligations as to any good delivered hercutder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjournment most the asserted within thins (30) days farm the date the change or termination is owered. 8. COMPLIANCE WITH LAW. The Seller warants that all goods cold hereunder shall have been pubmwed, sold, delivered and fiunishd in writs compliance with all applicable laws and regulations or which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations respond to be corpooded in agreements of this character we hereby incorporated herein by this reference. The Seller agrees m indemnify, and hold the Purchase, harmless firm all costs and damages su0'ered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall mortar, tonsfer, or convey this over, or my cronies due or to become due hereunder without the prior wnnen cabi of the other party. 10. TITLE. The Seller warmers foil, char and umestnaed fide to be Puchaser for all cquipmmm, mannish, and isms finished in pal once of has agreemm, free and clear of any and all loam, restrictions, reservations, security interest encumbrances and claims climbers. The Seller shall release the Purchaser and its contactors of any tier from all liability wed claims of any mature ,.air, from the perfrrmmce of such work. This release shall apply turn in the event of fuel, of negli%mce of the party relead and shall aterd to the rimax-cu-Rears and employees branch party. The Selle's conbactual obligations, including warranty, shall not be dremed to be reduced, in any way, because such work is performed or carried to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to rise any design, device, material or process covered by letter, patent, modemark or copyright, the Seller shall indemnify and save bantams the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or powers in connection with the contract, and shall indemnify the Purchaser for any cost, mixture or damage which it may be obliged to pay by reason of such infringement at any time during the prwemtion or after the completion of the work. In rase said equipment, or any pan theomf or the intended we of the goods, is In such suit held to m ssu mte Infringement and me use of said irylpmenc or pan is enjoined, the Seller shall, at its own expense and at its option, either pressure for the Purchaser the right b continue using said campmenr or parts, replace Ore same with substantially emit but nandnGmgwg camptwn, m modify it s r it becomes noninfeinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or mstw for any of be Sellers proert py of business, this order may forthwith h canceled by the Purchaser without liability. 16. GOVERNING LAW. The defirdiora of terms used or the inummation writhe agreement and the rights ofall parties hereuadei shall h command under and governed by the laws of the Sam of Colorado, USA. The following Additional Conditions apply Ad, or rases where the Seller is to perform work hereunder, including the services ofSelim Reptesentative(s), av the premises o(ath<rs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work m Sellers own risk out the moan is fully complied and accepted, and shall, in case of any sodden, destruction or injury to the work andtm materials before Sellers final completion and acceptance, complete the work at Seller's own cs,. and to the satiwisclion of the Parrelow, When materials and campment we famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shill, at his own a.,., provide for the payment of workers momentown, beledwg occep rtiaral disease beliefs, to its employees employed on or in connection with the work coveted by this purchase order, andror b their dependents in accordance with the laws of Ore state in which the work u to he done. The Seller shall also carry comprehensive general liability including, but not limited b, communal ad automobile public liability imumnee wi h bodily injury and death limits of at leaf Suric. p for any one pnwo, S500,000 for my one accident and property damage limit per accident of 5400.050. The Seller shall likewise begun, his contractors, if any, to provide for such compensation and insurance. Before wry of the Sellers or his contrmmn employees shall do any work upon be premises of others, be Seller shall famish the Purchaser with a certificate that such compensationand assurance have been Provided. Such certificates shall specify be date when such compensation and insurance have been provided. Such certificates shall specify be date when such compensation :cod insexpires.The Seller agrees that such compensation and insurance shall he maintained until at the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assurer the entire responsibility and liability for any wed all damage, loss to injury army kind or were whatsoever to permits or pmperry caused by or resulting from the execution of the work provided for in this purcbatt order or in connection hiewith. The Seller will indemnify and held harmless the Purchaser and any or all of the Purchasers oMem, agents and employees farm wed against any and all claims, loses, damages, charges of twomes, whether direct or indimel, it whether to persons or property to which the Purchaser may be put or subject by tmmn of any ant anliw , neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sella or ontractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense bromf and to defend the same at the Sellers own experue, to pay any and all costs, charges, ab itys f s and other expenses, very and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such sums or other proceedings, and in came judgment or other lien be placed upon or obtained against the property of the Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same as be dissolved and d chargd by giving bond or otherwise. The Sella and his contractors shot[ take all safety precautions, famish and install all gwards necessity for the prevention of racidens, comply with all laws and regulations with capitol to safety including, but without limitatim, the Occupmional Safety card Health Act of 1970 and all piles wed regulations, issued purstaal thereto. Revised O'in014