HomeMy WebLinkAbout309311 CAPSTONE PLANNING & CONTROL INC - PURCHASE ORDER - 9121979PURCHASE ORDER PO Number Page
City Of///��� 9121979 1 of 2
`t Collins
This number must appear
on all invoices, packing
slips and labels.
Date: 04/04/2012
Vendor: 309311
CAPSTONE PLANNING & CONTROL INC
11001 W 120TH AVE SUITE 220
BROOMFIELD Colorado 80021
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 04/04/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I CONSULTING SERVICES
ELIZABETH ST WATERLINE REPLCMN
C3. Oi'✓l��s-2 �
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
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
3,975.07
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchasc Ordcr Tenns and Conditions
Page 2 of 2
I. COMMERCIALDETAIES.
Tax cacn.piioni. By st,iruto the City effort Collins is exempt from slate and Imnl tnes. Our Excn.ption Number is
93-01502. Federal Eef.c Tan Fwanption Ccrtificnte of Registry fO-6000587 is registered with the Collector of
Interred ReS core. Denver. Colorado I Ref. Colorado Revised Stamtcs 1973. Chapter 39-26. 114 id.
Gods Rejected. GOODS REIECILD due to fti lum to trued specificatien,. either when shipped Or due to defects Of
damage in transit. may be mttnned in your for credit and are not to be mplacecl except upon receipt of written
instructions frOn. the City effort Collins.
Inspection. GOODS arc subject to the City affect Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchumr to insist upon strict performance of the lams ad conditions hemot failure or delay to
exercise any right or mnidics provided herein or by law, f ilum to pnmr aly notify the Seiler in the event of a
bmich. the acceptance ofor pay ocat for grad hereunder or approval of the design, shall not release the Seller of
any of the warranties or Obligations of this parchnsc order and shrill not be dcenied a weivcr of any right of the
purchaser to insist upon strict perfori hcrcoforeny of its rights or mo.dicy zs to any such goods. regnnllesS
of when shipped, received or ecoclued, is to any prior or subsequent default hereunder. nor shall any purported
nml nhndifcation or remission of this pnmhase order by the Purchaser operate as a waiver of any of the loon,
hcmof
Final Acceptance Receipt of the nxrchandisc, services or equip=", in mslome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. -
midurnzeel payment on the part of the City Of Fort Collins. However, it is to be understood that FINAL Seller and the Pumheser recognize that in actual econennie practice, overcharges resulting fmm antiuu,t
ACCEPTANCE is dependent upon eourepletion nfall applicable required inspection procedures. violations am in fact bemc by hire Pmchn,cr. Therctnfom, for pond cause and as consideration for esecnting this
purchase order, the Seller hereby assigns to the Pu¢hascr any and all claims it nuv now have or hereafter
Freight Tema Shipments must be F.O.B., City of Pon Collins, 700 Wtml St- Fort Collins. CO 50522. unless acquird under federal or state antitrust Imes for Such overcharges relating to elm particular gOOds Or services
otherwise specified on this order. If pcmission is given to prepay freight and charge separately, the original freight purchased or ncquiral by the Pmchnscr pursuant to this pnrchnse Orden
hill must acctnp ray invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distanec. %%'here nunufacmmm have distributing points in various pat of the century, shipment is tribe Purchaser directs the Seller to correct nonanfanning or defective goncts by a date to lee ngrml upon by the
expected front the neimst distribution point to destitution, and excess freight will be deducted front Invnice whim Purchaser and the Sol let, and the Seller thereafter indicates its inability or onwi llingness to comply. the Purchaser
shipments arc made form greater distance. mev cause the work to be perfonnd by the most expeditious means available to it and the Scllcr Shull pay all
costs associated with such wcork.
Permits. Seller shall procure at Sellers sole cost all necessary permit. cer ificates and licenses required by all
applicable laws, regulations, ordinances ad rule: of the state, municipality, territory or political subdivision where
the work is Pcrfomud, or required by any other duly constituted public authority having jurisdiction Over the work
of vendor. Scllcr further agrees t hold the City of Pon Collins hamdcss fmm and against all liability and loss
incurred by than by mason of an assorted or established violation of any such laws, regulations, ordinances. rdcs
and rcquimncnt.
Authurion(ion. All panics to this contract agree that the rcpmsenetives are. in fad. Mtn fide and possess fill and
complctc authority to bind mid panics.
LIMITATION OF TERMS. This Purchase Order espressly limits acceptance to the temw and conditions Stated
herein rot forth and any supplementary or additional tennis and conditions annexed hereto or incorporated herein by
reference. Any additional or diffcmot terra and conditions proposed by seller are objected to and hereby rcjccd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT imnndinoly if you cannot make complctc shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and perPonnmec must be effected within the tins
stated on the purchisc order and the doctumnts attached hereto. No act of the Purchasers including, without
limitation. acceptance ofpertinl late deliveries, shall operate as a waiver ofthis provision. In the event ofnny dclav,
the purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Scllcr liable for darmgcs. However, the Seller shall not he liable for damages as a result of delays
der to causes no retaonobly fensceable which am beyond its mourablc tooted and without its fault of ncgligcncc,
Such oct ofGd, acts ofcivil or militarynmhonlics, govemnrenal priorities, Firs. Strikes, flood, epidemics. wars or
riots provided that notice of the conditions causing such dcday is given to the Pumhnscr within five (5) drays of fhc
time when the Seller first received knowledge thereof. In the event ofnny such delay. the date of delivery shall be
extended for the paid equal to the time actually lost by mason of the delay.
3. WARRANTY.
The Seller wmmnt, that all goods, articles. materials and week covered by this order will confront with applicable
drawings. specifications, mnhpdes nndlor other descriptions given. will be to for the purposes intended and
perfemhd with the highest degree of cam ad Boni cnenee in accordance with accepted on ndnnk for work of a
similar nature. The Seller agrees to hold the purchaser hamdess fmm any loss, danange of expense which the
Purchaser inaysuffer or incur on account of the Scllcrs breach of wamnty. The Scllcr shall replace. mpait or rake
good without enst to the purehiscr. any defects or faults arising within one (1) year or within Such longer paid of
time ns ratty be prescribed by law or by the terra of any applicable mummy, pmvidd by the Seller after the date of
acceptance of the good frrokhcd herct der(a rep rri not to be unreason
ably delayed), resulting front froimperfect
or defmtivc week done or materials f rrishd by the Seller. Aceeptnec ere use of goads by the Purchaser shall not
constitute n waiver of any chain. under this wamnty. Except as otherwise provided in this purchase order, the Sellers
liability hc,,eadcr shall extend to all dan.nges pmsimatcly caused by the breach of any critic foregoing wamntics
or guamntces. but such liability shall in no event include loss ofpmfts tar loss cruse. NO IMPLIED WARRANTY
OR b1ERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES IN LEGAL TERMS.
The Purchaser nay nuke changes to legal tour by written chnge Order.
5. CHANCES IN COMMERCIAL TERMS.
The Purchaser cony make any changes to the tenor, other than legal terns. including additions to or dcdetions buin
the ghonritie, originally Ordered in the specifications or droving:.. by verbal or written chnngc order. If any such
change affects the amount due or the time of perftnunce hereunder, ran equitable adjmtmcnt shall be made.
6. TERMINATIONS.
The Purchaar may at any time by written change ortter. tcminate this agreentent as to any craft pinions of the
goods then non shipped, subject to any equitable adlnstnient betwmn the panics as to any word: or materials dxn in
progress pmvidcd that the Purchaser shall not he liable for any claims for anticipated profits on the tmceniplded
portion of the grodc and/or uurk, for incidental or consequential danages, and that no such idinsnnent be node in
favorof the Seiler with mspcct to nny good which arc the Sellers- standard stuck. No such termination shall rclicm
the Purchaser or the Seller of any of their Obligations as to nny good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjmtrient mull la asserted within thirty, (30) dry, front the date the change or temmination is
.Oland.
S. COMPLIANCE WITH LAW,
The Seller wamnty that all goods sold hereunder shall have been produced. sold. delivered ad furnished in strict
canpliome with all npplienble laws and regulations to which the goad am Subject. The Seller shall execute and
deliver Such documents as any be required to effM or evidcmc complinna. All laws and regulations required to he
incorporated in ngreements of this character ram hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamtless from all cost and damages suffered by the purchaser as a result of the
Sellers fiilum to comply a i(h such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order. or any rtmics der or to beconu due hereunder without the
prior written consent of the other pram.
10. TITLE.
Thc $dler aamnfs toll. clear and unrestricted title to the Purchaser for all equipnont, materials. and items htmished
in paffornunee of this xgmentent, free and clear of any and all liens, restrictions. rescnations, security iarcreSl
coc nabmnccs and claims ofethers.
The Seller shall release the Purchaser and its contractors ofnny tier front all liability and clain.s of any nature
resulting front the perfomunce ofsuch work.
This mlcoec shall apply even in the event of fault of negligence of the luny released and Shall cxtmd to the
dimetors, officersand employees of -such party.
Thc Scllcr', emntrnemal obligations, including wamnty, shall nor be deemed to be reduced, in any wry, hoca.ae
such work is Pcrfomtnl or caused to be pertnmed by the llrmhnser.
14. PATENTS.
Whene,cr the Scllcr is required to use any design, der ice, nu trial or process covcool by letter. Ivnrnt tmdentmk
or copyright, the Seiler shall indemnify and lave hales. the Purchaser routinely and all chain.. for infringcmcnt
by reason of the use of such patented desige, device. namrial or process in connection with the contract, and
Shall indcmnify the Purchaser for.nny cost, expense or danuge which it lacy he obliged to pay by rcxon of -such
infingernent at any tinte during fire irnwcution or ana'the con.pletion of fire work. In case slid equipment. or
.any pan thereof or the intended use of the goods, is in Such suit held to constitute infrinecnunt and flue use of
said equipment or pan is enjoined the Scllcr shall. at its own expense and at its option. either pmcum for the
Purchaser the right to continue using Said eqniparat or parts. replace the Soon, with sulnuntially equal but
nminfringing equipnant.Or mdifv it so it harems noninfringing.
15. INSOLVENCY.
If the Scllcr shall hannte insolvent ,, bankrupt make an acign... cet for the benefit of c¢ditots, appoint a
receiver or trustee for any of the ScIICts "Perry or business, this order nuay forthwith he canceled by the
Purchuser without liability.
16. GOVERNING LAW.
The definitions of team used or the interpretation ofthe egrec Bent and the rights of MI panics hereunder shall be
construed under rind governed by the laws of the State of Colondo. USA.
Thc following Additional Conditions apply only in causes where the Seller is to perform work hereunder,
including the services of Scllcr, Repmscntotive(s), on the prcmius ofothers.
17. SELLERS RESMINSIBILM'.
The Seller shall carry on said work it Sellers own risk until the same is fully complied ad accepted. and shall,
in cast of any accident, destruction or injury in the work and/or mmerials before Setters final conrplction and
acceptance, complete the work at Scllcr'q own expense and to the Satisfaction of the Purchasc, When nuterials
nod equipnuent arc fumislucd by others for installation or erection by the Seller. the Seller shall receive, unload.
store and handle sans at the site and become responsible themfor a, though such mntrixl, and/or equipment
were being furnished by the Seiler under the order.
19. INSURANCE.
The Seller shall. at his over expense, provide for the payn.eor of workers con.pcnsation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase Order,
nndlor to their dc,alctits in accordance with the Imes of the sate in which the work is to be done. The Seiler
shall also carry conhpechensive general liability including. but not limited to, contractual and autonmbile public
linhitiry in ... nnce with bodily injury nil dcnh limit, of at Ice,t SI9m,fN10 for nny one Nr,o w, S500.0 h0 for nnv
one accident and property damage nlimit per accident of S400.000. The Seller shall likewiw require his
contractors. if nny. in pmwide for such eonrpersadon and insurance. Before any of the Sellers or his contractors
employees shall do any work open the pmmise, ofuthers, the Seller Shall furnish the Purchaser with a certificate
than such con.pcnmtion and insurance have been provided. Such ecnificmcs ,hall specify the date when seh
compensation and insurance have been provided. Such cenifcates shall specify the date whim such conupensntion
.and insurance expires. The Scllcr agrees that such ca»pcosmion and imtnna shall be nuintined until after the
entire work is cno,plctcd and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
Tb, Seller hereby tesunhes the entire responsibility and liability for nny and all denuEc, loss or injury of ony kind
err nature whm,mver to persons or Property caused by or mating man the esaution of the work pnwided for in
this purchase order or in connection herewith. The Scllcrwill indcmnify and hold ham.less the Purchawr and any
or all of the purchasers offecm agents and cmployccs four and against any and all claims. losses, damages,
charges or expenses. wwhethrr direct or indirect and whdher to persons or propcny to which file Ptnchnscr nuv
be put or suhicet by reason of any net. action, neglect. mniesien or default on the pan of the Seiler. any of his
contractors, or any of the Sellers or contractors officers, agent or cmployccs. In case any Suit or other
pmeecdings shall he brought against the purchaser, or its effects, agent oranployces i t any tins on recount or
by conson of any era, action, neglect oniesion or default of the Seller of ony of his contractors or any of is or
their officers, agents or employees as iforcsauL the Seller hereby agrees to nssunrc the defense thereof and to
defend the sans at fire Sellers own expense, to pay my and all costs, ch irges, attorneys fees and other expenses.
.any and n11 judguients (hat n.ay he incuncd by or obtained against the Purchaser tar nny of it or their offecrs,
.agents or cmployccs in such suits or other pmccedings, and in case judgavat or other lien be Pieced upon or
obtained against the pmpcny of fhc Pumhnscr, or said parties in or ne a result ofsuch suits or other proceedings.
the Seller will it once cause the Same to be di,sodved and discharged by giving bond nrotherwise. The Seller and
his enntn.bus shall take ell safety precoutinns, furnish and instill all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to Safety including, but without lin.itation, the
Occupational Snfcty and Health Act of 1970 and all odes and mgulmieus issued pumnant thcmto.
Revised 03/2010