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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9146458PO PURCHASE ORDER 914645er Page C117/ of PURCHASE 9146458 1.12 ' `t Collins lins This number must appear v ` on all invoices, packing �slips 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 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 INV 14179303 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@fcgov.com 1 LOT LS 19,269.32 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fan Collins is mempt from irate and local seam. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600058) is registered with be Collector of Failure of the Purchaser to insist upon shier Performance ofthe news and condition hereof, failure an delay Io Intnmal Revenue, Derive, Colamdo (Ref Colorado Revised Samoa 1973, Chapter 39-26, 1 is (a). exercise any rights or rem ties provided herein or by law, failure to promptly notify the Sella in the went of a brwch, the acceptance of or payment for goods hereunder, or approval afthe design, shall not.].. the Seller of Goad Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped in due to defects of any of the wmmation or obligations of this purchase order and shall not be damed a waiver of any right of the damage in transit, may be reNmed to you for mean and are at to be replaced eacepl upon receipt of wnnen purchaser to Train upon shim performance hereofor any of its rights or remdies as to any such goads, regardless instructions From the City Of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puRorted oral modification or rescission of this purchase order by the Purchaser opemte as it waiver, of any of the terms Inspection. GOODS are subject to the City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in coapoise to this order can result m 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on be pan of the City of Fan Collins. However, it is to be understand drat FINAL Sella and the Purchaser megrim, that in actual oris practice, overcharges resulting from antittast ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by be Purchaser. Theretof ore, for goad came, and as consideration for executing this purchase major, the Seller hereby swigm to the Purchaser any and all claims it may now have or hereafter Freight Taira, Shipments most be F.O.D., City of Fear Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or Fate antiuuur laws for such oserchxrgre rector, to the panienlm goad m services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for puking will not be uttptd I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distnner. Where manufacturers have distributing points in varmus pans of the country, shipment is If the Pumhaer dirat,$a Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution Point to deninstion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may come the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. Protons. Seller shall procure at sellers sole cost all necessary permits, cumilicales and liames required by all applicable laws, regulations, ordinances and roles ofine state, municipality, territory or political subdivision where the work is performed, or requited by my other duly conhtinted public authority havingjurisdienon over the work of vendor. Seller fuller egrets to hold the City of Fort Collor¢ bound ss from and against all lubt iry and tau incurred by them by reason of an asserted or established violation of my such laws, regulations, ordioances, roles and requirements. Authoriration. All parties to this contract agree that the representatives are, in her, haw tide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the It. and conditions suited herein set forth and any supplementary or additional terms and conditions annexed hereb or inompamted herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately tryout cannot make complete shipment to arrive on your promised delivery dale as noted. Time is of the essence. Delivery, and performance moil be aboard within the time slaty an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation. FaWo nre of pm ial late deliveries, shall opemte as a waiver of this provision. In be event army delay, the Purchaser shall have, in addition to.,her legal and equitable remedies, the option aphom, this order elsewhere and holding the Sella liable for dunages. Howevm the Seller shall not ba liable for damages as a result of delays due to causes not ournambly freseeable which arc beyond its reawwble control and without in fault of negligence, such acts of God acts ofeivil of military authorities, govemmenlal priontiq fires. sVJres, Bond, epidemics, wars or now provided that notice of the ambitious causing such delay is given to the Puchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall h extended for be period equal to the time morally last by nown of be delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples rai other descriptions given, will be at for the purposes intended, and Performed with be highest degree of cart and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sutler or incur on account ofthe Sellers breach ofoom anry. The Seller shall replace, repair or make good, without cost to the purchaar, any degrees or faults miring within one (1) year or within such longer period of time as may be pracrihd by law or by Ne Inner of my applicable warranty provided by the Sella after the date of acceptance of the good Eurobond hereunder (acceptance not to be unreasombly delayed), resulting f imperfect or defective work done m materials fumished by the Seller. Acceptance or tar of goods by the [inclusion shall not rotative a waiver effort, claim under Nis wer ardy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shut] extend to all damages proximately caused by the breech of my of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfia or Into of tar. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhaar may make changes m legal corms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addilimis Ira or deletimu from the quamities originally ordered in the spmilcations or drawings, by verbal or wnnen change Order If any such change allects the amount due in the time of performance hereunder, an equial le ndjunmem shill be made. 6. TERMINATIONS. The Purchaser may at any time by wnnen change order, tcmtinate this agreement as to any OF all Ismons of the good then not shipped, subject to any equitable adjustment between the canna as to any work or m caiah then in pn,fess provided that the Purchaser shall trot be liable for any claims for anticipated profits nor the uncompleted Iranian of the good ansVor work, for incidental in consequential damage, and but no such adjustment be made in favor ofthe Seller with respect o any good which an the Sellers standmd stock. No such attenuation shall relieve the Purchaser or be Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assumed within Miry (30) days from the doe the change or reteamatom is ordered. S. COMPLIANCE WITH LAW. The Seller warrants but all goad sold hereunder shall have been produced, sold, delivered and furnished in stria compliance with all applicable I.. and regulations as which the gco 1h are subject The Seller shall exante and deliver such documents as may be requital IF effect or evidence compliance. All laws and regulations required to be Incorporated in agreements of this chmmtef arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hannlas from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he prior written consent ofthe other party. 10. TITLE. The Sella warrants full, their and unrestricted title to the Purchaser for all equipment, materials, and items frdishal in performance of this agreement f and clear of any and all liens. resriction, feservmions, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my wture resulting from the performaner attach work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, options and empm,ass ofsuch party. The Sellers contra vend obligations, including warranty, shall not IN deemed In be reduced, in my way, beraus, such work is performed or caused to ho performed by the Pwcbas, IC PATENTS. Whenever the Seller is requital to our any design, device, material or process Wear by lone, patent, andemck mr copyright, Ne Sella shall indemnify and save harmless the Purchase from any and all claims for infnngemem by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof of the intended use of the goods, is in such suit held to constitute infnngemem and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure fro the Purchaser the right to continue using said equipment or pans, replace the more with substantially equal but mraf ragingequipment, or modify it w it becomes rmninfringing. 15, INSOLVENCY. If the Seller shall become ittwlvert or leanknpt broke as assignment for the benefit of coal appoind is receiver or usinma above for my of the Sellers property or business, gain order y forthwith be canceled by be Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the imerpreution c fthe agreement and the rights of all parties hereunder shall be ransomed under and governed by the Laws ofthe State ofColomdo, USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represtramiva(s), on the prem¢es Frontiers. I]. SELLERS RESPONSIBILITY. The Seller shall tarry on said work at Shcees own risk until the same u fully completed and accepted, and shall, in rase of any accident, destruction or injury to the wont m llm rateauls before Sellers goal completion and acceptance, complete the ismic at Sellers own expense and an the satisfaction of the Positions— When materials end equipment are fuhd by orders for installation Or erection by the Sella, the Seller shall receive, blood store and handle same in be site and become rasonhible therefor as though such materials and/or aryipmmr were being famished by be Sella under the major. 18. INSURANCE. The Seller shall, an his own expense, provide for the payment of workers compensation, including Occupational disesr benefits, to its employees employed on or in connection with the work covered by this purchase order, andfor to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but rim limited to, contactual and automobile public liability insurance with bodily injury and death limits of at least S30tk00a for any one person, S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if my. so provide for such compensation and insuraare. Before my of thc Sellers on his contractors employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser with a cenificate then such compensation and insurance have, been provided. Such c rr ifici rs shall specify the date when such compensation and insurance have ban Provided. Such certificates shall specify the data when such compewtib and insurance expires. The Sella agrees but such compensation oval Francisco shall be maintained Final after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be entire responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or propeny caused by or resulting from be execution ofthe work provided for in this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oRcen, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to per acts or property to which be Purchaser may be put or subject by crown of any act, action, neglect, omission or default on the pan of the Seller, any of his com a mrs, car my of the Sellers .1 ebtmeran affairs, agents o employees. In case any suit or rder praecirt, shall he brought'' of the Purchaser, or its officers, agents or employees at any time on ucounl or by reason of tiny act, action, aeglmt omission or defaull of the Sella of my of his contractors or my of its or their fi icers, agents of employees OF aforesaid the Sella booby agrees to assume the dense Hereof and m defend the same aI the Sellers own expose, a pay my and all casts, char,., attorneys fees and order expenses, my and all judBrmts but may be incurred by or obtained attained the Purchaser or my of its err their Offices, agents or employees in such suits or other proceedings, and in rase judgment or other lien be, placed upon of obt inal against be property of the Purchaser, or said panics in or as a result of such was or other proceedings, the Sella will at once cause the same to he dissolved and disch r,al by giving bond or otherwise. The Sella and his Watramms shall take all safety precautions, famish and install all gumd necessary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Healed Act of 1970 and al I rates and regulations issued pursuant thereto. Revised (UnM4