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Home My WebLink About497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9150716PO PURCHASE ORDER 915071er Page CI'�f O'f50716 1 of z ' `t Collins( his number must appear V " 1 1 on all invoices, packing sli s and labels. Date: 01/30/2015 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: 01/30/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Invoice #14615900 1 LOT LS 7,920.00 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 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 For Collins is exempt Imam stare and laced taxes. Om Exemption Number is 98-0 502. Faecal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Good Rejata. GOODS REJECTED due to failure to moor s,ecifiwtiarce, offer when shipped or due to defects of damage in transit may be reamed to you for craft and are Out to be replaced except upon receipt of wrinm trtsWclions from the City of Fart Collins. Inspection. GOODS are subject to the City of Tom CcIIins inspection on mrival. Final Acceptance. Receipt of fie m,mh-di,c, services err equipmem in respaae m this order can result in authorized payment on the part of the City of Fort Collins. However, it is to for understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments now be F.O.B., City of Fort Collins, 200 Wood St, fort Collins, CO 80522. vales, otherwise specified on this order. Ifprmission is given to prepay freight and charge separately, that original freight bill most =company invoice. Additional charges for packing will not ba accryta. Shipment Distance. Where manufmvurers have distributing Points in sz^ous parts of fie country, shipment is expected from the meanest distribution point to dativtim, and access fight will be dedacta firm Invoice when shipments arc made from grata distance. Permits. Seller shall procure at sellers sale cost ell nttessar, p.I., cenifcat. and licassa requited by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly continued public authority having juriaiction over the work of vendor. Seller further agrees to hold the City of Fan Collins hamsless from and against all liability and loss incurred by them by reason of an asserted or amblished viaticum of any such laws, regulations, oolinmmes, riles and "mournems. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possum full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and conditions stated herein set Each and any supplementary, or additional terror and conditions annexe heran or incorporated herein by reference. Any additional or different arms and conditions proposal by seller are objected b and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedomely if you cannot make mmplcte shipment to drive on your promised delivery date as noted. Time is of the amacc. Delivery and performance most be almond within the time stated on the purchase ender and the documents attaches harem. No ems of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate a a waiver offs provision. In the event of any delay, the Purchaser shall have, in addition to other legal and autarchic remedies, the option ofplacing this order elsewhere and holding fe Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofciml or military authorities, govermmental priorities, fires, strikes, Bunt, epidemics, wars ar riots provided that notice of the conditions causing such delay is given 10 the Purchaser within five (5) days Of the time when the Seller first received knowledge there.[ In the event of any such delay, the date of delivery shall he extended for the period equal to fie time actually lost by reason offe de]ay. 3. WARRANTY. The Sella warrants Out all grad, articles, materials and work covered by this Omer will conform with applicable drawings, specifications, samples maker other descriptions given, will be Et for the purposes mended, and performed with the highest degree of cart and mmpemme in accordance with accepted sundzrrh fro work of a similar nature. The Seller agrees to hold the purchaser harmless from any Ins,, damage or expense which fie Purchaser may suffer or incur an account of the Sellers breach ofwanizi The Seller shall Orphism, repair or nuke good, without trust o the purchaser, any defects or faults arising within one (1) your or within such longer period of time as may be pecsmhd by law or by the terms of any applicable warranty pmsided by do Sella after fie date of acceptance of fie goods fumisha hereunder (acceptance not to be unrcawrebly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by fie Purchaser shall rent Constitute a waiver of any claim under this warranty. Except m otherwise provide in this purchase order, fie Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waran'i. Or guamntea, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANDES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Poorhaver may make any changes to me terms, other than legal toms, indminy additions to or delaimu from the quantities originally ordered in the specifications or drawings, by verbal or amen change order. If any such change armors the amount due or the time of Performance hereunder, an equitable ajastment shall her made. 6. TERMINATIONS. The Purchaser may at any time by wonm change maker, terminate this agreement m to any at all portions of the goods then not shipped, subject to any equitable adjustment berweea fie parries as to tiny work or nationals then in progress provided that the Purchaser shall not be liable for any claims for anticipated pfits on the uncompleted portion of the goods andtnr work, for incidental or maequeraial damages, and that no such adjustment be made in favor of fie Seller with respect o any good which me the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mutt be asserted within thirty (30) days from the date the change or coronation is ordered. 8. COMPLIANCE WH'H LAW. The Sella warrants Ihet all good sold hereunder sMll have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which fit goods are subject. The Seller shall execute and deliver such documents m maybe required to erect or evidence compliance. All laws and regulations required to M incorporated in agreements of this character are hereby incorporated herein by Otis reference. The Seller agrees to indemnify and hold the Porchaa hmrod. from all costs and damages surered by the Pumhou r as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tramfm,Or convey this order, or any monies due or to become due hereunder withaut fc prior written coaem ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofofers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the urns and mnditiums hereof, failure or delay to woutim any rights or manages Provided herein or by law, failure 1a promptly notify the Seller in the event of a French, the acepmnce afar payment for good hereander or approval ofthhe design, shall not release the Seller of any of the woranties or obligations of this purchme order and shall nut be thermal a waiver of any right of the purchaser to insist upon said performance hereof or any of its rights or remedies as m any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tens hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and fie Purchaser recognize that in actual economic practice, overcharges resulting frotrust violations are in fact tame ae by the Purchaser. Theremfam for m antigood muse and as consideration for executing this purchase, order, the Seller hereby ensigns or the purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overebarges reading to the particular goods or services purchased m acquba by the purchaser pursuant m this purchase oNer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date In be agreed upon by the Purchaser and the Seller, and fie Seller thereafter indicate its inability or unwillingness to Co.,], fie Purchaser may muse fie work in be performed by the most expeditious; means available to it, and the Seller shall pay all Costs ressotiata with such work. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting form the performance fsuch work. This release shall apply even in the event of fault of negligence of fie party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or aimed to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process sir cr l by letter, paten, trademark right. fie Seller shall indemnify end save brothers the Purehaer from any and all claims for infringement by copyreason of the use of such related design, device, material or prams, in connection Coif the contract, and shall wdemwfy the Purchaser far any cos, expeme or damage which it may be obliges to pay by.. of such infringement at any time during the prosecution or after the completion of the work. In eau said equipment, or any pan thereof or fie mounted use of the goods, is in such suit held to comtimu infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expmc and at its opium. either procure for the Purchaser the right to continue using said equipment or parts, replan fie same with substantially equal but contributing ng equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankorm. make an assignment for the benefit of creditors, appoint a receiver or trustee for any or the Sellers propmy or business, this order may forthwith be canceler by the Purchaser without liability. 16. GOVERNMG LAW. The definitiors oftemts used or the interpretation ofhe agreement and the rights of all parties hereunder shall be sawed maker and governed by the laws.(the State ofColomdo, USA. The following Addidonl Conditions apply only in ases where the Seller is to perform work hereunder, including fie.,as of Scllcrs Reprosommica s), au the premises ¢fathers. 17. SELLERS RESPONSIBILITY. The Seller shall comy an said work at Sellers nwn risk unfit fie same is fully completed mW won ca, as shall, in case of any acciden, destruction or injury m the work and/or materiels before Sellers final completion and acceptance, complete the work at Sellers own expene and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for inswllation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become taponsible therefor as though such mdcrials and/or equipment were being f mishod by the Seller under fie order. 18. INSURANCE, The Seller shall, at his own 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 pumlau order, and/or to their dependents in accordance with the laws of the more in which fie work is to be done. The Seller shall also carry c.mprehem ve get al liability including. but not limited to. enmracwal and automobile public liability insurance with badd, injury and deaf limits of at lea' 5300,0ou for any one .an, 5500,000 for Coy one accident and property damage limit pr accident of SUDO.NX) The Seller shall likewise require his Ontaclors, if any, to provide for such compeaation and immounce. Beth any of the Sellers or his contractors cmploym shalt do any work upon the premises of whim the Sella shall f ish the Purchase with a certificate that such compensation and insurance have bear provided. Such cunifmm shall specify fie date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and occurrence expires. The Seller agrees Out such rompeastinn and insurance shall the maintained until after the waire work is completed and occupied. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire raporeibibly and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or propny caused by or resulting from the execution afthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all athe Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Porchmer may be put or subject by reason of any act, action, neglect omission or default on fie part of the Seller, any of his contractors, or any of the Sella or comfort officers, agents or employm. In case any suit or other proceedings shall be brought against the Purchases, or its officers, agents or employees at any time on woomt or by remain of any rel, action, neglect, omission or default of the Seller of any of his contractors or any of its or their offcas, agents or employees m aforesaid, fie Seller hereby agrees to assume the defense thereof and an defend fie ware at the Sellers own expire, to pay any and all costs, charges, attorneys fees and other expnses, any and all judgments that may M incuted by or obtained against the Purchaser or any of its or their officers, agents or enpl.ym in such suits or other proceedings, anal in case judgment or other lien be placed upon or obtained against the property, of fie Purchaser. or said parties to or as a result ofsuch suits or other pmceaoup, the Sella will at Cott most the same to M dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety parautione, Finnish and install all guards neca dry for fie provender of notation, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1990 and all males as regulatiore issued pursuantthereto. Revised 0712014