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HomeMy WebLinkAboutContract 2011 2415 STO Stork Twin City Testing C oratio Materials Technology Y g or p Failure Analysis . Materials Testing . Product Evaluation Nondestructive Testing . Construction Materials Ms. Kathy Young 662 Cromwell Avenue CITY OF COLUMBIA HEIGHTS SAINT PAUL, MN 55114 PUBLIC WORKS DEPARTMENT , 637 38TH AVENUE NE UNITED STATES COLUMBIA HEIGHTS, MN, 55421 US Telephone : 651 645 3601 Fax • 651 659 7348 Email • info.tct @us.stork.com Website • www.storksmt.com /tct Phone: 763 706 3704 Email: kathy. young @ci.columbia - heights.mn.us Quotation Submitted by •Kevin Beck Number • TCT0019059Q/0 Subject •MSC Concrete Floor Repair Date • 10/14/2011 Valid until • 12/13/2011 Following is our proposal for construction materials testing for approximately 1,000 square feet of concrete floor replacement (MSC). Cost estimate based on six trips with up to two hours on site with concrete cylinders cast, cured and tested at our facility in St. Paul (TCT). Administrative and project management costs detailed below. Engineering Technician 12.00 Hours @ 57.50: 690.00 Report Preparation (Administrative Assistant) 2.00 Hours @ 50.50: 101.00 Senior Staff Engineer 2.00 Hours @ 108.00: 216.00 Concrete Cylinder Compression -3 /Set 6.00 Set @ 62.00: 372.00 Trip Charge 52.00 Ea @ 6.00: 312.00 Total: 1,691.00 All prices in: U.S. Dollars Conditions and Validity: The only applicable terms and conditions on this quote are the GENERAL TERMS AND CONDITIONS OF SALE AND PERFORMANCE OF TESTING SERVICES BY STORK TWIN CITY TESTING CORPORATION, a North Carolina business corporation ( "TCT ") d.d. 05/01/2001. In no event shall Stork Twin City Testing Corporation be liable for any consequential, special, or indirect loss or any damages above the cost of the work. PAYMENT TERMS: PREPAYMENT IS REQUIRED UNTIL CREDIT IS ESTABLISHED; NET 30 DAYS FOR APPROVED CREDITORS. 1.5% PER MONTH INTEREST WILL BE CHARGED ON ALL PAST DUE ACCOUNTS, PLUS REASONABLE COLLECTION COSTS, ATTORNEY'S FEES AND COURT COSTS. If you have any questions or need additional information, please call. Sincerely, Kevin Beck Inside Sales Representative Phone: 651 659 7545 Email: kevin.beck @us.stork.com CITY OF COLUMBIA HEIGHTS TCT0019059Q/0 Page 1 of 9 ���� STD = ww ° Stork Twin ��~�� Testing �����������^���� Materials Technology ~�~`~°"~ ° ��u `"o.� "~.~°~� = Corporation ,,,,� - QUOTATION ACCEPTANCE - I accept the scope of the project in addition to the costs and terms and conditions as provided in the quotation. Walter Fehst / / ' / ( PRINT NAME DA E ,/,‘„.„,,,,,' _ . ` SIGNATURE r - - � City Manager 763-706-3600 TITLE PHONE PURCHASE ORDER NUMBER: CITY OF COLUMBIA HEIGHTS TCTO 10059J0 Page 2 of 9 STO MaterialsTechnology Stork i i Testing GENERAL TERMS AND CONDITIONS OF SALE AND PERFORMANCE OF TESTING SERVICES BY STORK TWIN CITY TESTING CORPORATION, a North Carolina business corporation ( "Stork TCT ") dated 05/01/2001. 1. Application; Formation of Contract. These General Terms and Conditions of Sale and Performance of Testing Services (the "Terms and Conditions ") shall apply to all acts in respect of the purchase and sale of testing and other services (the "Work ") pursuant to any contract (a "Contract ") to which these Terms and Conditions are made applicable. The submission by a party ( "Customer ") of any sample to Stork TCT for testing or similar services shall, upon acceptance of such sample by Stork TCT for such services, constitute an express Contract to which these Terms and Conditions apply. All orders for Work are subject to Stork TCT's approval and acceptance. 2. Modification and Waiver; Other Terms. No provision in these Terms and Conditions may be varied or waived except by a writing specifically describing such variance or waiver signed by an officer of Stork TCT. Stork TCT's acceptance or acknowledgement, even if in writing and signed by Stork TCT, of Customer's purchase order or any other document pertaining to the Work shall not be deemed an acceptance of any provision of Customer's purchase order or any other document that conflicts with or adds to these terms and conditions, absent a separate agreement in writing signed by Stork TCT expressly acknowledging and agreeing to such provisions. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT TERMS AND CONDITIONS SET FORTH IN ANY ORDER FORM, PURCHASE REQUEST OR CONFIRMATION PROVIDED BY CUSTOMER ADD TO OR CONFLICT WITH THESE TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS SHALL PREVAIL AND GOVERN. TCT'S ACCEPTANCE OF A CONTRACT TO PERFORM WORK IS EXPRESSLY CONDITIONAL ON CUSTOMER'S AGREEMENT AND ASSENT TO THESE TERMS AND CONDITIONS. 3. Prices for the Work; Payment. Prices quoted by Stork TCT for the Work are solely for the performance of the Work and do not include freight, insurance, inspection or packaging charges, warehousing or storage costs, or any sales, use, excise, customs duties, or other taxes or fees ( "Costs "). Unless Stork TCT expressly agrees in writing to pay such Costs, all such Costs are to be paid by Customer and any Costs paid by Stork TCT shall promptly be reimbursed by Customer. A minimum charge of $35.00 applies to each sample submitted unless a blanket purchase order specifying different pricing has been submitted and accepted. Written and oral quotations are subject to withdrawal by Stork TCT by notice at any time, and, in any event, shall be valid only for thirty (30) days from the date thereof. Payment is due in cash as specified in Stork TCT's quotation, proposal or order confirmation and, unless otherwise expressly agreed to in writing by Stork TCT, payment is due in U.S. dollars only. If not specified therein, payment is due in cash upon completion of the Work; provided, however, that if the Contract involves a series of tests or other events of partial performance, Stork TCT may invoice, and Customer shall pay for, each such test or part on a pro rata basis. If performance is delayed by Customer or other causes beyond Stork TCT's reasonable control, Stork TCT may submit invoices, and payment shall become due, as if the Work had been completed as scheduled. If such delay is caused by Customer, Customer shall additionally pay all reasonable warehousing and other expenses and Costs of Stork TCT incident to such delay in shipment. The net amount for services performed pursuant to these Terms and Conditions shall be due in full, without discount, within thirty (30) days of invoice, unless otherwise stated. If payment in full is not made when due, interest shall accrue on the unpaid balance at the lesser of (i) the rate of 1'Y2% per month (18% per annum) or (ii) the maximum rate permitted under applicable law. Customer agrees to pay reasonable attorneys' fees incurred by Stork TCT in the collection of past due invoices and account balances. If Stork TCT at any time determines in its sole judgment that there are reasonable grounds for insecurity with respect to Customer's payment for the Work or any other obligation of Customer set forth in the Contract or in these Terms and Conditions, Stork TCT may require adequate assurance of due payment or other performance, such as payment in cash or satisfactory security, and until Stork TCT receives such assurance, Stork TCT may suspend any performance for which it has not already received payment. 4. Completion of Work; Limited Warranty. Stork TCT warrants that it will complete the Work in a satisfactory and workmanlike manner consistent with industry standards. Stork TCT will exercise commercially reasonable efforts to complete the Work and provide a report thereon by any date reasonably requested in writing by Customer, but shall not be liable for any delay in the performance of projects or in the delivery or shipment of goods, or for any damages suffered by the client by reason of such delay. Stork TCT's performance of any and all Work is subject to Stork TCT's current facility schedules, governmental priorities, and other government regulations, purchase orders, directions, and restrictions that may be in effect from time to time. EXCEPT AS EXPLICITLY SET FORTH IN THIS PARAGRAPH 4, STORK TCT MAKES NO OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. Stork TCT's warranty shall not apply to any portion of the Work performed by a party other than Stork TCT except to the extent that any such third party has warranted such performance to Stork TCT and is liable to Stork TCT under such warranty. No employee, agent or other person is authorized to give any warranties on behalf of Stork TCT in addition to or different from those herein given, or to assume for Stork TCT any other liability in connection with the Work except in a writing which is signed by an authorized officer of Stork TCT, which expressly gives such warranties or assumes suchliability, and which is made part of the Contract pursuant to paragraphs 1 and 2 above. 5. Customer's Property. Whenever Stork TCT is provided in writing detailed instructions as to the treatment and handling of Customer's property, Stork TCT will exercise commercially reasonable efforts to comply with such instructions. Type of material, tolerances and specifications for processing shall be declared in writing by Customer prior to Stork TCT's commencing any Work or shall be deemed not to have been known by Stork TCT. Testing services supplied by Stork TCT are generally considered to be destructive. Under special conditions, some testing may be performed without destroying samples. However, by submitting components or samples to Stork TCT, Customer expressly agrees that all material submitted may be destroyed . Stork TCT will not be responsible for any costs or losses resulting from destruction of CITY OF COLUMBIA HEIGHTS TCT0019059Q/0 Page 7 of 9 Materials Technology Stork Twin City Testing Customer's property submitted to Stork TCT unless both the written Contract and Customer's property are dearly marked "Do Not Destroy." If the Contract and Customer's property are not so marked, Stork TCT shall have no liability for damage to Customer's property. If the Contract and Customer's property are so marked, Stork TCT's liability for damage to Customer's property is limited to the lesser of (i) the value of Customer's property or (ii) the cost of the Work performed on the damaged property pursuant to the Contract. Under no conditions will Stork TCT be responsible for any additional costs or damages, including consequential damages and indirect costs or losses, resulting from destruction of Customer's property. By submitting property to Stork TCT, Customer acknowledges and agrees to these limitations and acknowledges and agrees that Stork TCT bases its price for the performance of Work on the existence and enforceability of such limitations. 6. Shipping. Stork TCT will at Customer's reasonable request act as a shipping agent for the return of Customer's property after performing the Work. As Customer's agent, Stork TCT will contract for common carrier delivery as requested in writing by Customer. Under no conditions will Stork TCT have any liability for any item so shipped. Insurance will be purchased for common carrier shipping only when requested in writing by Customer and when declared value is indicated, and the failure of Stork TCT to purchase insurance shall not result in any liability on the part of Stork TCT. Customer may be billed directly by commercial carriers for freight and Customer shall make at claims for property damaged in transit directly and solely against such freight carriers. 7. Title; Security Agreement. Title to Customer's property and all risk of loss or damage to such property shall remain with Customer at all times. Customer hereby grants to Stork TCT a security interest in at of Customer's property provided to Stork TCT for testing or other services under the Contract to secure the payment of the purchase price for the Work and other fees or charges due Stork TCT hereunder. Customer wit not be entitled to the return of its property, and after such return shall not be entitled to transfer or encumber the property upon which Work is performed, until all sums due and owing to Stork TCT have been paid. Customer shall execute and deliver any financing statements or other documents that Stork TCT reasonably requests for the perfection of Stork TCT's security interest in Customer's property and Customer shall do all other acts necessary for the perfection and preservation of this security interest. 8. Customer's Remedies. The sole and exclusive remedy of Customer and its customers, agents and other affiliates in respect of any claim against Stork TCT based on or relating to any claimed defect in the Work or otherwise relating to the Work, the Contract, or these Terms and Conditions, whether such claim is based upon contract, tort, professional errors or omissions, strict liability or negligence, and whether such claim is for property damage, personal injury, commercial loss or other monetary loss, shall be (i) upon the return, restoration, or replacement by Customer of Customer's property upon which the Work was performed, the re- performance of any defective portion of the Work, or (ii) at Stork TCT's option, a refund or credit to Customer in the amount of the price paid for the defective portion of the Work Customer's remedies hereunder shall only be available if (i) Stork TCT has been paid in full for the Work pursuant to paragraph 3 above; (ii) Stork TCT is notified in detail, in writing, of the claimed defect or other claim within twenty days of Customer's discovery thereof and within ninety days after the completion of the Work; and (iii) Stork TCT is permitted to inspect any and all property with respect to which the Work is claimed to have been defective or to which Customer's claim otherwise relates. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 8, STORK TCT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM ITS PERFORMANCE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO CUSTOMER'S PROPERTY. STORK TCT SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF PROPERTY UPON WHICH THE WORK IS PERFORMED OR ANY SIMILAR PROPERTY OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER. IN NO EVENT SHALL STORK TCT BE LIABLE FOR ANY DAMAGES ABOVE THE COST OF THE WORK, WHETHER SUCH DAMAGES SHALL ARISE FROM BREACH OF THIS CONTRACT, OR IN TORT, OR OTHERWISE. 9. Cancellations. A purchase order or other Contract for Work once placed with and accepted by Stork TCT can be cancelled, in whole or in part, only with the written consent of Stork TCT. If Customer cancels without Stork TCT's consent, Customer shall be liable for the full price of the Work, less any actual third party expenses saved by Stork TCT in not having to perform the Work, as reasonably determined by Stork TCT in its sole discretion. 10. Court and Other Proceedings. The nature of Stork TCT's services will, from time to time, require employees of Stork TCT to present the results of Stork TCT's findings in depositions, court proceedings or other forums. In such cases, the Customer will be charged, in addition to the agreed upon price for the Work, Stork TCT's usual and customary costs and fees for such presentations and the preparation thereof according to Stork TCT's then - current fee schedule. If Stork TCT is subpoenaed by a party other than Customer, the total costs and fees associated with the preparation and testimony will be charged to the Customer, irrespective of whether payment has previously been made on the Work and Customer's file is closed. Stork TCT will at Customer's written request attempt to have these costs and fees reimbursed by the party issuing the subpoena; however, if such party does not reimburse Stork TCT, such costs and fees will be the responsibility of Customer. Customer agrees to pay any such costs and fees, irrespective of whether it is anticipated at the time of the Contract that Stork TCT will be called upon to present the results of its findings in depositions, court proceedings or other forums. 11. Force Majeure. The parties hereto shall be excused from the duty to render timely performance of any obligation hereunder if such inability to perform is caused directly or indirectly by act of God, flood, war, riot, accident, explosion, strikes or labor trouble, act of government, delay or default by subcontractor or supplier of materials or services, the existence of any circumstance making performance commercially impracticable or any other cause beyond the party's reasonable control; provided, however, that the obligation to make payments due under this agreement shall not be excused for any reason, including the foregoing. 12. Waiver of Compliance. Waiver by either party hereto of a breach by the other party of any of the provisions of these terms and conditions shall not be deemed a waiver of future compliance therewith, and such provisions shall remain in full force and effect. 13. Severability. If any provision or remedy herein provided for be invalid under any applicable law, the remaining provisions hereof, including remaining default remedies, shall be given effect in accordance with the intent hereof. CITY OF COLUMBIA HEIGHTS TCT0019059Q/0 Page 8 of 9 Materials Technology Stork in It stirs Corporation 14. Governing Law. This agreement shall be governed by and construed under the laws of the State of North Carolina and the United States of America. 15. Arbitration. Any controversy or claim arising out of or relating to this agreement, or any breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The situs of said arbitration shall be Charlotte, North Carolina. Any demand for arbitration by either party hereunder must be delivered in writing to the other party. 16. Export Control Laws and Regulations. All parties shall comply with all export control laws and regulations (including, but not limited to, the U.S. Export Administration Regulations and the U.S. International Traffic in Arms Regulations) to the extent applicable to the Parties' respective activities under this Agreement. The Receiving Party shall control access to any technical data disclosed under this Agreement in accordance with at U.S. export laws and regulations including, without limitation, confining the disclosure of any such technical data to U.S. persons unless disclosure to foreign persons is specifically authorized and appropriately licensed by the proper U.S. government agency. The Receiving Party shall limit dissemination of technical data to its employees who have a need to know as it relates to the Purpose of this Agreement and who have agreed to abide by the Export Control provisions contained herein, and who are U.S. citizens or permanent resident Aliens (or who are otherwise authorized to receive such Information pursuant to this Agreement and U.S. Export Laws). The Receiving Party shall exercise the same care to protect any and all technical data embodying or setting forth all or part of the technical data as it uses to protect its own technical data, but in no case less than reasonable care to assure proper control and security of such information and documentation. CITY OF COLUMBIA HEIGHTS TCT001 90590/0 Page 9 of 9