HomeMy WebLinkAbout353928 CONCRETE STABILIZATION TECHNOLOGIES INC - PURCHASE ORDER - 3215071PO
PURCHASE ORDER 3215071 Page
City. of PURCHASE
3215071 1 of z
' `t( o Ins his number must appear
�I ` on all invoices, packing
sli s and labels.
Date: 01/09/2015
Vendor: 353928 Ship To: STREETS DEPARTMENT
CONCRETE STABILIZATION TECHNOLOGIES INC CITY OF FORT COLLINS
8500 E WARREN AVE 625 NINTH STREET
DENVER CO 80231 FORT COLLINS CO 80524
Delivery Date: 01/08/2015
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015CONTRACTUAL
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
5,000.00
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 Fort Collins is exempt from suite end local taxes. Our Exemption Number is
I I. NON WAIVER.
98-W 502. Federal Excise Tax Exemption Qrtificate i f Registry 84-60gral is rtgnme,, with the Collator of
Failure of the Purchaser to insist upon strict Perfom"me of the temas W conditions Mraf, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Raised Samna 1973, Chapter 39-26, 114 (a}
exercise any rights or remedies provided herein or by law, failure to promptly testify the Sella in the event of a
breach, the acceptance ofor payment for goods hereunder or approval or the design, shall not relcase the Seller of
Goods Rejected. GOODS REIECTED due to failure to meet specifications, either what shipped or due to defects of
say of the warranties or obligmions of this purchase order and shall not he dented in waiver of any right of the
damage in transit, may be reamed to you for credit and are act to be replaced except upon receipt of written
purchaser to insist upon strict performance hereafor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fart Call i..
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported
am[ modification or rescission of this purchase order by fie Purchaser operm, as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Rmeipt of the merchandise, services or equipment in response go this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment an the pent of the City of Fort Collins. However, it is to he understood that FINAL
Sella and the Purchaser recognize that f act.l canconscifich, practice, overcharges resulting from antitrust
ACCEPTANCE u dependent upon completion of ell applicable required inspection pnwxdures.
violations are in tact Some by the Purchaser. Thereufore for goad cause eb res considemtioa for executing this
purchase order, the Seller hereby assign to the Purchaser any and all claims it may row have or herwfer
Freight Terms. Shipments must he F.O.B., City of Too Collins, 700 Wood St, Fort Collins, CO 80522, unless
aqumal under Faced or score comprut laws for such overcharges relating to the particular goods or services
otherwise specified on this.her. If permission is given to prepay freight mad charge separately, the original freight
purchased or mWird by the Purchaar pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have duanbuting points in various pans of the country, shipment is
If the Pumhaeer directs the Seller to coned nonconforming or defective goods by a date to he agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller Ihereofer, indicates its inability art unwillingness m comply, the Purchaser
shipments are made from greater distance,
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Pardus. Seller shall procure at sellers sole cost all necessary pandits, certificates and licenses required by all
applicable laws, regulations, ohinargas and ales of the sale, municipality, teni ur, or political subdivision where
the work is performed, or required by any other duly ca.timted public authority having jurisdiction over the work
of vendor. Sella funkier agrees to hold the Cry of Fan Collins homeless form and against all liability end lass
auded by feu by reason of an acsertd or established violation of any such laws, regulations, .hitances, rules
and requirements.
Amcronrslim. All parties to this contract agree that the rep ownaliva art, in fact, bona fide and possess full and
complete authority an bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions salted
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
referenca. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you caving make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery add performance must be shaded within the time
surd on the purchase order and the dowments mouthed hereto. No etc¢ of the Pumhaers including, without
limitation, azcep .(par ial late dcliveria, shall opemm as a waiver offie, provision. In the event of"y delay,
the Purchaser shall have, in addition to other legal and equitable remdia, the option ofphcing this order elsewhere
and holding fie Sella liable for damages. However, be Seller shall nut h liable for darruga as a using of delays
due to names not uncouthly foresaable which are beyond its rwso.ble control now without its fault ofnegligence,
such was of God, aces ofeivil or military authorities, governments] priongies, Gres, strikes, food, epidemics, wars or
dots provided Out notice of the conditions causing such delay is given to the Purchase, within five (5) days of the
time when the Seller first received knowledge fare.[ In the event of any such delay, the dam of delivery shall be
extended for the period equal to the time actually last by reason of the delay.
3. WARRANTY.
The Sella warrants fat all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples "Not other descriptions given, will he fit for the papaws intended, and
porromnd with fie highest degree of core and amalgamator in etc"rtWce with aawal standard for work of a
similar wore. The Seller agrees to hold the puncbzser harmless form any loss, damage or expense which the
Purchaser may suffer or incur on account of fie Sellers breach of amunt, The Seller shall r"la e, repair m make
good, without east to the purchaser,my defects or faults arising within one (1) year or within such longer period of
time ss may be ptescribd by law or by the menu army applicable warranty provided by the Seller ma the due of
aceptana of fie good, famished hereunder (acc"tance nao to he umcaso.bly delayed), resulting form imperfect
or defensive work done or materiag famished by the Seller. Acceptance or use of good by the Purchaser scroll not
constitute a waiver army, claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to at I damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or lass 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 written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the emu, other than legal terms, including additions to or deletions tram
the quantities originally whered in the specifications or drawings, by veAal or writ" change when. If my such
change efects fie amount due or the time ofpafnmrance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all potions of the
good then not shipped, subject to my equitable adjustment between the panics as to any work or materials fen in
progress provided fat the Purchaser shall nor he liable for any claims fur auicipmed profits on the uncompleted
Portion of the goods and/or work, for incidental or consequential damages, and chat no such adjustment be made in
favor ofthe Seller with respect to any goad which are one Sellers shorthand stock. No such lamination shall relieve
the Puuhasa or the Seller of any ordain obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for Wjasnn"t most be assend within fire (30) days form the date the change or lamination is
wheat
8. COMPLIANCE WITH LAW.
The Seller warrants chat all goods sold hereunder shall lave been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which che goods are subject The Sella shall twome and
deliver such dawments as may be required to eflkns or evidence compliance. All laws and regulations required to be
ircm,mord in agmemeus of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from ill costs .d damages aufnal by the Purchaser a is result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, another, or convey this order, or my monies due or to became due hereunder without the
prim wooed consent affe other party.
10. TITLE.
The Sella wamnts fail, clew end uruesmetcd titre to the Purchaser for all Wuipm"4 materials, atW items funushd
in palfign a ce of this agreement, free and clear of any and all li"s, prono noes reservations, security interest
"cumbrances and claims ofighwas
The Seller shall release the Purehaer and its coo... of any tier from all liability and claims of my .1.
resulting tram the performance clinch work.
This .1. shall apply even m fe event of fain, of negligence of the prody released and shall extend to the
direamrs, officers and employees ofsuch party.
The Sellers contmctwl obi gahou. including warremy, shall real be darned to he reduced, fi any way, baanse
such work is performed art caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requital to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement
by reason of the use of such palmed design, device, material or process in connection with the contract, and
shall indemNfy the P rchmar for any cost, expense or damage which it may he obliged to pay by reason ofsuch
infringement at any time during the prosecution m after the completion of the weak. In case said equipment, or
any pact thereof or the intendd use of nice goads, is an such suit held to conscience infringement and the use of
said equipment or part is "joined, fie Seller shall, at its own expense and at its option, either procure for the
Purehaa the right to continue using said equipment Or parts, replan fie some wit substantially Waal but
twafffirgmg equipment or modify it so it becomes nnoinfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or muster for any of the Sellers property or bminess, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of.. woul no the interpessid. offie agreement and the rights of all ponies hereunder shall he
cowed under and gowor d by the laws arch, State o'Colomde, USA.
The following Additional Conditions apply only th rases where the Sella is to perform work hraunder,
including the services of'S,llers Represmranve(sh on the premises ofodurai
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work or Sellds own risk until fie same is fully completed and acceprd, "d shall,
in au of any accident, detraction or injury a the work a l/w mardah before Sellers fr.] camplaian and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Parchuer. When materials
and equipment we f miscred by others for installation or erection by the Seller, fie Seller shall receive, unload,
store and handle same at the sire and became responsible therefor ns though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE
The Seller shall, in his own expense. provide for the payment of workers compe.ation, including nempatio.l
disease benefits, to its employees employed on or in connection with the work covered by this purchase other,
andsor to their dependents in accordance with she laws of the sure in which the work is to he done. The Seller
shall also carry "mpreb ccive genml liability including, bra not limited to, cam radual and automobile public
liability mearnme, with bodily injury and deaf limits of at I., $300,000 for any ere person, $500,000 for any
one ardent ad Property damage limit pa accident of 5400,000. The Seller shall likewise require his
contractors, if any, to Provide for such compensation and insurance. Beforemy of fie Sellers or his contractors
employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificate shall specify the dare when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such mmpewrion and insurance shall be communed until after the
attire work is complete and acceped.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby aasuma the catim ampowibility and liability for any and all damage, lass or injury army kind
or nature whacseever to paeans an property causd by or resulting from the execution affe work provided for in
this purchase, major or in connmi. herewith. The Sella will indemnify and hold harmless the Purchaser artd any
or all of fie Purebaun oRcets, .,carts .d employees from and against any wad all claims, bates, damages,
changes or expense, whether direct or indirect, and whether to prrswas an property to which the Purchaser may
Ise put or subject by arson of any at acting neglect, omission or default on the put of the Sella, any of his
contractors, or my of the Sellers or contmenom oBirom, agents Or employers In ease any suit or other
proceeding shall he brought against the Purchases, or its officers, agents or employees at my time" account or
by reason of my act, action, neglar, omission or default of the Seller of any of his contredwrs or any of its or
their officers, agents or employees or aforesaid, the Sella hereby agrees as assume the defense thereof and to
defend fie same at Sellers own expense, to pay any and all casts, charges, eaomeys fees and other expenses,
any and all judgmrnts that nay be incurred by or obtained against fe Purchaser or any of in or their officers,
agents or employees in such suits or other prowedinp, and in case judgment or other him he placed upon or
obtained against fie property of the Purchaser, or said panics in or as a result of such suits or office proceeding,
the Sella will at once worse the more to he dissolved ad discharged by giving bond an otherwise. The Sella and
his conrracurs shall ake all safety praauious, fmuh enW iruall rill guard naessary for the prevention of
accidents, comply with all lawns rid regulations wit regard to safety including, but without Induction. the,
Occupational Safety and Hwlf Am of I970 ad all ales and regulations issued pursuant fereta.
Revised WQ014