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HomeMy WebLinkAbout309311 CAPSTONE PLANNING & CONTROL INC - PURCHASE ORDER - 914886PURCHASE ORDER PO Number Page City ofCollins 9141886 ,oft M t ( V This number must appear " on all invoices, packing sli s and labels. Date: 04/03/2014 Vendor: 309311 Ship To: OPERATIONS SERVICES CAPSTONE PLANNING & CONTROL INC CITY OF FORT COLLINS 11001 W 120TH AVE SUITE 220 300 Laporte Avenue BROOMFIELD CO 80021 Building B FORT COLLINS CO 80521 Delivery Date: 04/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Integrated Recycling Facility 1 LOT LS 6,665.00 Provide all necessary cost estimating services per proposal dated 3127/14 and work order OP-451012. P,4 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 $6,665.00 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 L COMMERCIAL DETAILS. Tax exemptions. By sNNte the City of Fort Collins is exempt from are and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is a gisterml with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (par Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for galls hereunder or approval ofthe design, shall or release the Seller Of Goods Rejected. GOODS MECTED due to failure to meet specifications, either when shipped or due to deRcts of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any Might of the damage in mmnnm, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies m to any such goods, regr Bless instructions fmm the City of Tom Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml modification or rescission of this purchase order by the Ptmherar operate as a waiver of any of the terms Inspection, GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in resporese to this aide, can result is 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of ran Collins. However, a is to be understood Char FINAL Seller and the Purchaser recognize that in actual ec Mireis practice, overcharges recording from antitrust ACCEPTANCE is dependent upon completion oral applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, four good cause 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 Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr., Fart Collins, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or services Otherwise specified on this under. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accommnv invoice. Additional chances for makine will not be acceptM. Shipment Distance. Wbda main( Nres have disarming points in various parts of the country, shipment is expected from are nearest distribution point to destination, and excess freight will be, deducted from Invoice when shipments are made from greater diswnce. Permits. Seller shall procure err sellers sale rust all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and Miles of the some, municipality, temtory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Coll ins harmless from and against all liability and loss incurred by them by reason of an asserted or esoblished violation of any such laws, regulations, ordinances, toles and,yuirmaents. Authorization. All parties to this contract agree that the representatives are, in fact bona fide and possess full not complete aurh.f V to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions indent herein set forth and any supplementary or additional lams and mnditiofa annexed herein or incorporated herein by reference. Any additional or different terms all conditions proposed by miler are objected to and hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifynu cannot make complete shipment to arrive an your promised delivery date as noted. Time is cribs essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shut nature as a waiver of this provision In the event crony 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 for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which ere beyond its reas amble content and without its fault of negligence, such wrH of GOO, acts of civil or military authorities, firmamental parities, fires, strikes, flood, epidemics, was or nos provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period all to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, somplas and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of can and competence in accordance with accepted standards for wok of a -similarnature. The Seller agrees to hold the purchaser harmless firm any loss, damage or expense which the purchaser may sufferer over on amount of Ne Sellers breach of wartanty. The Seller shall replace, repair or make good, without cost or the pmchase, any defiers or faults arising within one (1) year or within such longer period of time as maybe presented by law or by the terms of any applicable warranty provided by the Seller after are date of acceptance of the goads furnished hereunder promptsne, ned to be unseasonably delayed), resulting from m Wear eat or defective work done or materials fiu.ished by are Seller. Acceptance muse of goads by the Purchaser shall nor constitute a waiver of any claim under this waran y, Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no evens include loss ofpofits 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 means by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nay make any changes to the terms, other than legs terms, including additions tu or delmioru from the quantities originally ordered in the sp ecifcatiom or drawings, by verWl ce written change mile, If any such change of is the amount due or me time of performance hereunder, an equitable adjustment shallbe made. 6. TERMINATIONS, The Purchaser may at any time by wain change order, temtinata Otis agreement as to any or all poniom of the goods then not shipped, subject to any equitable adjmWmt bnween the panics m m any wok or materials than in progress provided that the Purchase shall not be, liable for any claims for anticipated profits on the uncompined portion of the goods andlor work, for incidental or consequential damages, and that out such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers s ardsrd stack. No such tameastion shall relieve fire Mortimer or the Sella ofmy of fair obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. A, claim for adjex ment must be assured widen thins (30) days fmm the doe the change or termirafion is ordered. 8-COMPLIANCE WITH LAW. The Seller wamnvs that all good sold hereunder sfill have been praderexd, sold, delivered all famished is snicl compliance with all applicable laws and regulations to which the goods are subject The Seller shall axecul and deliver such documents as maybe required to effect or evident t mmpllance. All hews and regulatiom required on be mempomad in agreements of Nis charmer see bmby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless firma all vess and damages suffered by the Purchaser az a resold of dl Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shut assign, transfer, or convey this one, on, any trams due or m become due hereunder without the prior written mt¢mt of the other parry. 10. TITLE. The Seller watreas full, cleer and umestrimed file on the Puchaer for all equipment materials, and it— fmishad in performance of this agreement, firs and clear of any and all liens. restriceom, resmada=, security interest mcmrthmmcs and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Scller, and the Sella, thereaae, rommues as inability or unwillingness to comply, the Purchase, may cause the work to be Irermat by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall a leue the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performed« ofsuch wok. This release shall apply even in the ream of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not is deemed to be reduced, in any way, because such work is performed or caused ra he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, pnmt trademark r copyright, the Seller shall indemaify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any vest, expense or damage which it may be obliged to pay by remain of such inGngement 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 the gawk, is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pram, replace the same with suMtantially equal but nerninfringing equipment or aradc" it an ins bccamu naninfringing. 15. INSOLVENCY. If the Seller shall become im tivent or bankrupt make an assignment for the benefit of creditors, appoint a receiver Or trustee far any of the Sellers property or business, this offer may forthwith be, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definirimss Off. used or the inteamintion ofthe agreement and the rights of all parties hereunde, shall be emsbued under and governed by the laws of the Some of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform wok hereunder, including the sriices of Sellers Represenudive(s), an the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall wiry on said work at Sellers own risk unlit the same is fully completed all accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers fi=I completion and acceptance, complete the wok at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fomuhed by others for installation or crcmion by the Seller the Seller shall receive, unload store and handle same an me site and become responsible therefor as though such materials mdfr equipment were being fiunishad by the Seller under the order. 18. INSURANCE. The Seller shalt at his awn expense, provide far the pymam of warkeu mmpenwdion, including ascupatiorel disease benefits, to as employers employed on or in ronnection with the work covets by this purchase order, anamr to their dependents in ncconWce with the laws of the into in which the work is to be done. The Setter sholl also carry comprehensive general liability including, but not limited to, contract=] and ....mobile public liability insurance with bodily injury and death limits of at least S300,00o for any one person 5500.0W for any e accident most property damage limit per accident of S400,000. The Sella shall likewise require his contacma, if any, to provide for such compensation all instance. Before any of the Sellers or his contractors employees shall do any work upon the premises crochets, the Seller shall fumish the purchaser with a certificate that such compensation and insuance have been provided Such cevifcatas shall specify the date when such compensation sort insamme have been provided. Such certificates shut specify the date when such compensation and minimum, expires. The Seller agrees that such compensation and insurance shall be mainoinedi until after are entire wok is completed aid accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller fact, assumes the entire responsibility and liability for any and ill damage, loss or injury Of—, kind r=Nre whosoever to perfom or pmlxrry caused by or resulting fmm the execution of the wok provided for in this purchase under or in connection herewith. The Seller will indemnify and hold banmless arc Puchaser and any r all of the Purchasers officers, agents and employees from and aganst any and all claims, losses, damages, charges or expenses, whether area or inducer, all whether to persons no property o which the Purchaser may be put or subject by remain of any act tritium neglect omission or default on the pan or the Seller, any of his matadors, or any of the Seller or cammctors affairs, agents ar employees. In case any suit or other proceedhrgs shall be brought option the Purchun, or its officers, agents or employees at any time an account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or thew officers, agents or employers m aforeseid, thc Seller hereby agrees to assume the def mainr cad to defend the Sarre at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be insured by or abtahld against the Purchaser or any of its or thew oRcers. agents re employees in such sm. or man, pramaimpt, and in cam fragment Mir order lien be placed upon or Obtained agairsr the property of the Franchises, or said parties in or as a result of such suits mother proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oherwise. The Seller and his contractors shall rake all safety precautions, fumish and insult all guards necessary for the prevention of =aide=, comply with all laws art regulations with regard to safety including, but without limitation, the Occupatimerl Safety and Health Ad of 1970 and Mil mf ix and.,].I. issued pursu=t therto. Revised 03n010