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HomeMy WebLinkAbout353928 CONCRETE STABILIZATION TECHNOLOGIES INC - PURCHASE ORDER - 9146660PURCHASE ORDER PO Number Page City, ofCollins 9146660 1of2 ' `t ( V This number must appear " on all invoices, packing sli s and labels. Date: 11/13/2014 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: 11/13/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 9596 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 20,358.00 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 I. COMMERCIALDETAILS. Tox exemptions. By statute the City of Fort Collins is exempt from state and local axes. Our Exemption Number is I L NON WAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Interval Revenue, Denver, Colorado (Ref. Colorado Revised Scrams 1973. Chapter 39-26, 114 Go' exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in ffe event of a breach, the stainless, ofor payment for goad hereunder or approval ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure in meet specifications, either whm sh f all or due to defects of my of the warranties or obligation of this purchase order and shall not he deemed a waiver of any right of the damage in Reeni, may be taunted to you for credit and are rot to be replaced except upon taceipt of women Purchaser to mist upon strict Perforatmee hercofor my of its rights or handles as to my such good, regardless Inanition from the City ofFort Collin. of when shipped, eeeeivd or accepted, as m my prior or immaterial default IrcreuWer, nor shall my puryoned am] modification or tocission of this purchase order by the purchaser operate as a waver of my of the germs laspation. GOODS am subject o the City of Fair Collins inspection on arrival. bean! Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the an of the City of Fan Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize ffot in actual economic pgrectice, o erchmga resulting from mtitmst ACCEPTANCE is dependent upon completion ofall applicable racind inspection procedures. violations arc in fact home by the Purchaser. The emfore, for good rouse and as comideagam for executing this purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Teats. Shipments most be EON, Ciry of I. Collins, IN Wood Sr. Too Collins, CO 80522. carless acquired under federal or stale mtwm laws for such overcharges relating to the parricalar good or srn'icw otherwise specific] an this order. If ilmnicsion is %Ivan to prepay freight road charge separately, the original freight purchased or acquired by the Purchaser patient an this purchase order, bill most accompany invoice. Additional charges for pickew will Out be romp eel. 13.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Orders. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser dlrea, the Seller to comet nonconforming or defective goods by a date to be agreed upon by the expectdfrom the nearest distribution point to destination, and excess freight will be deducted Rim Invoice when purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made frvm 6romer distance may cattle the work to be perlbrmd by the most expeditious means available to it, and the Seller shall pay all costs acwcimed with such work. Pernmor. Seller shall procure of sellers sale raw all necessary pennies, certificates and heaves natural by all applicable laws, regulation, ordinances and rules of the state, municipality, territory or political subdivision where Hot wort: is performed, or required by my other duly contimnd public authority havingjur has ictioa over the work of vendor. Sella further agrees to held the City of Fair Collin gumless from and again, all liability and loss incurred by them by mason of an warned or csablishd violation of any such laws, regulation, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the term hand condition said herein set foM and any supplemrnary or additional terms and condition mnexd hereto or incorporated herein by refereuce. Any additional at different terms and condition propa¢ed by seller an objened m and herby mated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date has noted, Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limiation, mcepance of partial late deliveries, sM1all operate as a waiver of this provision. E ffe even of any delay, =i Puchaser shall have, in a for damages, agar legal er,the Sell le readies, the option of placing Ibis order elsewhere anJ holding the Seller liable for damages. However, the Seller shall not he liable for damages m a «sul, of delays due a noses oo, rwsombly foreseeable which are heyond its reasonable conwl and kern fl its fault of negligence, rugs pros of God,arts , motor vilm mandomary mtMmia such del, prioritiesre ommuser within five(5)da rings provided that Seller motor re the mWiowle causing such delay is given to the Purchrsa within five delivery days of the time when the Seller first received knowledge falost b In the event of my such delay, the dam of ddivcry shall he extended for the period egad m the time actually lost by rmson ofee delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, spedfcctian, samples andor other descriptions given, will he fit for the purposes intended, and performed with the highest degree of con and compennce in accordance with accepted standard for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage err axpeme which the Purchaser may sell or incur on account ofthe Sellers breach of warranty. The Sella shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of fine as may be prescribed by law or by the terms ofany applicable warranty provided by the Sella after the date of acceptance of the goods famished hereunder Rompmnce eta, to he unreasonably delayed), rraulting from inn,af t or defective work done or materials liunished by the Seller. Acceptance or core of good by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as offerwire provided in this purchase aide,. the Sellers liability herehnder shall extent to all damages proximately caused by the breach of my of me !ongoing warranties or guarantees, but such liability shall in no even irclude loss of profts or lots of.. 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 wrium change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other thin legal menu, including additions to or deletion from the morning, originally ordered in the specification or drawings, by verbal or written change order. If my such change uleeds the amount due or the time of peformane hereunder, ma muimbl, adjustment shall be made. 6. TERMINATIONS. The Prechasa may in any time by wrinen change oMe, ntntimte this agnemenl as to my or ell portion of the goods ohm not shipped, subject to any quotable adjustment between the panics as to my work or mmerials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Indian ofthe goods suitor work, for incidental or coasequemial damages, and that no such adjustment be made in favor of the Seller with respective any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheb obligation as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for djustmea must be armed within thM1ry (30) days from the dare the change or targiwdon is ordered 8. COMPLIANCE WITH LAW. Ile Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable Incas and regulation to which the goods arc subject. The Seller shall execute and deliver such documents as may he r quired to elect or evidence compliance. All laws road regulations m bared 1. he marginated in agreements of this character are hereby incoryomged brain by this reference. The Seller agrees m indemnify and held the Parchrsa gumless from all cots had damages s nflard by the Purchaser as a ..It of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall assign, tsnfer, or convey this order, or my monim due or to become due hereunder without the prior wden content ofthe offer perry. 10. TITLE. The Seller warrants full, clew mad unrestricted title to the Purchaser for all equipment, materials, and items Rafted in performance of this agreemm, Bee and clear of my and all liens, restrictimw, resmaarms. security interest commbent. and claims ofothe., The Seller shall release rise Purcluser and its contractors of any tier from all liability and claims of any horn e rouging from the pert ace of such work. This refers, shall apply even in the went of fault of negligence of the parry telersd and shall extmd to the directors, olBcers and employees of such patty. The Seller's contractual obligations, including whammy, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by d Purchaser. 14. PATENTS. Whenever the Seller is required to me my design, device, material or process mverd by lever, parent, trademah or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mach of the use of such arranged design, device, material or process in connection with the comae, and shall indemnify the Purchaser for any eves, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of ffe goods, is in such suit held to constitute Infdngmrent and the usa of said cquipmrnr or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Puchaer the right to continue using said equipment or pans, replace the some with substantially egml bar, noninfringing equipment, or modify it so it becomes noninMnBing. 15. INSOLVENCY. If the Seller shall become insolvent or banknsp, take an assigruaent for the bcnrlit of credimrs, appoint a receiver or trustee for any of the Sellers pmism, or business, this order may forthwith be comald by the Purchaser without liability. 16. GOVERNING LAW. The definition offering used or the interpretation of the agreement and the rights of all parties hereunder shall be, combined anda roil go,.d by the laws affair State ofColmado, USA. The following Additional Conditions apply only in carent where the Sella is to pert work hereunder. including the vertices of Salle s Repawmative(s), m the pmnisrs Ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cart, an said work or Sellers awn risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases. When materials and equipment are burnished by others fro iasmllation or erection by the Seller, me Sella shall arrive, unload, scan and handle same at the site and become nsponible therefor as though such materials maker ryvipment some being front by the Seller under the order. 18. INSURANCE. The Shca shall, al his own emake, provide for the payment of workers compensation, including eccupatioml disease benefa, to its employees employed on or in comection with the work covered by this purchese order, tanker k their dependents in accordance with the laws of the sate in which the work is to be done. The Ski let shall also carry comprehensive general liability including, but not limited to, cant inual and automobile public liability insurance with bmlily injury and death limits of m least 5300,000 for any one person. S500,000 for my one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his contmcams. draggy. in provide for such compensation and ineetance. Before my of the Sellers or his mntracmrs employees shall do any work upon impositions of others. the Sella shall Scandal the PmcM1ssa with a certificate that such compensation and lithium have been provided. Such cadficalo shall specify the date when such compensation and occurrence urence have been provided. Such ceniecaks shall specify rise dart whm such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby asmmcs the entire haponibility and liability for any had all damages loss company, orpny kind of cation what rover to person or property charged by or reaching from the execution ofthe work provided for in this punlasom maker or in ronneci. herewith. The Sella will indemnify hand held hamrhss the Purchaser and any r all of the Pumbromarra officers, agents and employees (rear and against my and all claims, lasses, damages, charges or e.parea, whether direct or induce, and whether to game. or property m which me Purchaser may he put or subject by rezwn of any act, action, neglect, omission or default an the pm of the Sella, my of his contractors, or any of the Sellers or commaors officers, agents or employees. In grow any soil Or other proceedings shall be brought against the Parchaw, or its officers, agents or employees at any time on account or by pawn of any act, action, neglect, omission or default of the Seller or my of his contractors or my of its or their officers, agents or employees as aforesaid, the Sella hereby ewers to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, atmmeys fees and other expenses, any and ill judgment, that may he inemrd by m obainal against the Purchaser or my of its or their offcers, agents or employees in such sous or ocher Praeedings, and to case judi men, or other lien be placed upon or obtained summit the property of the Purchaser, or said parties in m as a result of such suits in other pmcedmigs, the Seller will at come cause the same to he dissolved and discharged by giving bond or claiming. The Sella and his contactors shall take all safety precaution, famish and install all goods necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatiowl Safety and Falb An of 1970 and ell ales and regulation issue parseant greater Rwisad 07a0L4