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HomeMy WebLinkAbout353928 CONCRETE STABILIZATION TECHNOLOGIES INC - PURCHASE ORDER - 9145697PURCHASE ORDER PO er Page City of r4569145697 tofz ' `t CollinsI V This number must appear on all invoices, packing �sllps and labels. Date: 10/01/2014 Vendor: 353928 CONCRETE STABILIZATION TECHNOLOGIES INC 8500 E WARREN AVE DENVER CO 80231 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 10/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 INV 9425 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.mm 1 LOT LS 19,386.00 Total $19,386.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of FOR Collin is exempt from some and local axes. Our Exemption Number is 98.04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Interval Revenue, Denver, Colorado (Ref. Colorado Revised Suimres 1993. Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due Ir failure an mcd specifications, either when shipped or due to defects of damage in transit, may be mumed to You for credit and arc not to be replaced except upon receipt of wriuen inwnions from the City of Fort Collins. brspeadion. GOODS are subject to the City of Fart Collies inspection on arrival. Final Acceptance. Receipt of the mocha dea, services or equipment in response to this order Ga.result to authorind payment on the part of the City of Fort Collins. However, it is to be understood that FMAL ACCEPTANCE is dependant upon completion ofall applicable required inspection prec lures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless otherwise specified on this under. If permission is given to prepay freight and charge separately, the original freight bill must accompany Invoice. Additional charges far packing oil I nor be accepted. Shipment Distance. Where insufficient, have dislribating paints in ,air. parts of the country, shipment is expected fear, the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments arc made from greener distance. Permits. Seller shall pnoure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulation, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly contilund public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by Cason of an asserted or established violation of any such laws, mgulatimra ordiwnces, rates and mquieemcns. Authonmtion. All parties to this contract agree Net We representatives arc, in fact, bona fide and possess full and complete ambonry to bind said posies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the marts and conditions stated herein set forth and any supplementary or addipioml terms and condition annexed hereto or incorporated herein by refertnce. Any additional or different lams and condition proposed by seller sm objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your promised delivery date n noted. Time is of the ess sec, Delivery and performance mast be effected within the time stated on the purchase order and the documents attached hereto. No tens of the Purchasers including, without limitntiun, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due m causes it., reasonably fm.cemle which are beyond its reasonable control and without its fault of negligence, such acts of God, act, of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first received knowledge thereof In the even of any such delay, the data of delivery shut] be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY, The Seller wananta that all goods, articles, materials and work covered by phis order will conform with applicable drawings, specification, samples out other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless Imo any loss, damage in expense which the Purchaser may suffer or incur on se. of We Sellers branch of wa Va The Seller shall replace, repair, to make Road, without .at to the purchaser, any defeea or faults arising within one (1) year or within such longer pored of time ss may be prescdbW by law or by the teness of my applicable wmmnry presided by the Seller after the date of acceptance of doe goods famished hereunder (acceptance not m be andoes onvbly delayed), nutting from imperfect or difference work done or mmmals famished by the Seller. Acceptance or ¢ e of goods by the Purchaser shall net em¢timm a waiver of any claim under this warrant Except. otherwise provided in this purchase order, the Sellers liability hereunder shall extend mall damn,as proximately emend by the breach of any of the foregoing warranties or guarantees, but such liability shall in no need include loss ofprefis or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by warm change order. 5. CI IANGES IN COMMERCIAL 1'F,RMS. The Purchaser .,cry make any changes to the terms, be, than legal terms, including additions to or deletions from the quantities ongimdly ordered in the specification or drawings, by verbal or written cl antge order If any such change affect, the amount due or the time uf,cofomtared hereunder, m equitable ndjusmam shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreemenp as to any or all portions of the ,.it, tban not shipped, subject to any equitable adjustmml between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion or the goods andlor wmk, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or temptation u ordered. 8. COMPLIANCE WITH LAW. The Seller waemnps that all goods sold hereunder shall have favor produced sold. delivered and famished in strict compliance with all applicable laws and regulations to which the good an, subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All taws and regulation required to be morporated in agreements of this observer art hereby unconstrained herein by this reference. The Seller agrees to indenmify and hold the Purchaser hamlets from all costs and damages suffered by the Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall nation, trans@,, or convey this order, or any monies due or to become due hereunder without the prior roman consent of the the, party. I O. TITLE. The Seller warrants full, clear and commuted 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 rarest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and caodiftem hereof, failure or delay to exercise any rights or remedies pherein or hereor by law, failure to promptly unity the Seller in the event of a Br anch, ecceprown ofm payment for goods hereunder or approval offa design, shall not release the Seller of any of the .,a. or obligations of this purchase order and shall not be deemed a wine, of any right of the Purchaser m insist upon ruin performance hermfor any of is rights or rernedies as ed any such goods, regardless of when shipped, received or accepted, as to eery prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser opemm as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Serer and the Purchaser recognize that in newt economic practice, overcharges resulting from ant itrust violations are in fan home by the Purchaser. TheMmf rre, forgoodcause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relining to the particular goods or services purchased or acquired by the Purchaser pursuanp to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Site, Ir correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller tloadu er indicates its inability or unwillingness to comply, the Purchaser any cause the work n be pe,fand by the most expeditious means available m it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting tom the Performance ofsum work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Sellers contracted obligation, including warranty, shall not b, deemed to be reduced, in any way, because such work is performed or caused to be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, talent, uodrmark or copyright, the Seller shall indemnify and save harmless rho Pumhasm from any and all claims for infringement by reason of the use of such pammed design, device, material or process in correction with the control, and shall indemnify the Purchaser for any cost, expense or damage which it tray be obliged to pay by mount of such infringement at any time during the prosecution or after We completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held m constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right in mrpinue using said equipment or parts, replace the same wind substantially equal bur noninfnnging equipment, in modify it su it becomes noninGfilml. 15. MSOLVENCY. If the Seller shall become Insolvent or bankrupt, make an assignment far the bm,fit of undimrs, ti,cant o rearver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofmrms used or the interpretation ofthe agreement and We rights of all pries hereunder shall be o tamed under and governed by the laws ofthe State of Colorado, USA. The following Additional Condition apply only in coos where the Seller is to perform work hereunder, including the services of Sellers Repecomedive(s), on the permits. ofo xfio. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work or Sellers own risk until the same is fully mmpleped and accepted, and shall, to ram of any accident, destruction or injury to den work andor materials before Sellds final completion and acceptance, complete the work ap Scllcrs own as,. and to We satisfaction of the Furchu.. When materials and eclui mein are famished by others for installation or erection by the Seller, the Seller shall receive, unload. from and handle same at the site am become resp irshic therefor as though such materials and/or equipment were being famished by the Seller under the 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 oa or in connection with fee work covered by his purchase aide,, and/or to their dependants in accordance with the laws of the suite in which the work is to be done. The Seller shall fins, cony comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily Injury and death limits of nt least $3 W,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise requim his ontracters, if any, to provide for such compensation and in n e. Before any of the Sellers or his catenation; employees shall do any work upon the premises of others, the Seller shall ftunish the Purchaser with a eesifcate that such compensation and imurance have been provided. Such cenificates shall specify the data when such ompenation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall In maintained until after the entire work is completed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or remre whatsoever to person or property caused by or resulting fmm the execution o fthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold haemless the Purchaser and any or all of We Purchasers officers, e,xnf and employees from and against my and all claims, loss., damages, choBes or expenses, whether direct or indirect, and whether to person or property, to which the Pr mb.er may tr put or subject by reform of any act, action, iff dect omission or default an the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, spends or employees. In case my suit or other proceedings shall be, brought against the Purchaser, or its officers, agents or employees at my time on aaomt or by reason of any act, action, neglect, omission or default of the Seller of any of box contractors or any of its or Wen officers, agents or employees as aforesaid, fire Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys goes and other expemus, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or Weir officers, agens 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 panics in or as a result o'such suits or other proceedings, the Seller will at once cause the same to be occurred and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ate of 1920 and all rules and regulations issued pursuant thereto. Revised 07Y1014