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HomeMy WebLinkAbout309311 CAPSTONE PLANNING & CONTROL INC - PURCHASE ORDER - 9142087PURCHASE ORDER PO Number Page City, of PURCHASE 942087 1 of 2 Flirt Collins( hisnumbees,pac packing !_\V`I ` V �7 on all invoices, packing sli s and labels. Date: 04/14/2014 Vendor: 309311 CAPSTONE PLANNING & CONTROL INC 11001 W 120TH AVE SUITE 220 BROOMFIELD CO 80021 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/14/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I COLLEGE AVE WATERLINE WO # CAPSTONE-COLLEGE-1 7581 INDEPENDENT COST ESTIMATING 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 Total Invoice Address: 5,260.00 Crlr] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute thc City of Fort Collins is exempt from sate and local mxa. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600058] is registered with the Collector of Failure of the Purchasm to insist upon sooner performance of the tams and conditions hereof. failure or delay to Internal Revenue, Drover, Colorado (Ref. Colorado Revised Saturn 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the sent of a breach, the acceptance of., paymm, for goods hemunder or approval of me design, shall not release the Sella of Goads Rejected. GOODS REIECTED due to failure to men specifications, either when shipped or due 10 defects of any of the warranties or obligations of this purchase order and shall not be, deemed a waiver of my right of file damage in mdmit may be reNmed to you for credit and art not m he replaced except upon receipt of writm puchaser to insist upon strict performance h rraf.r any of its rights or remedies as 10 any such goods, regardless inactions fmm the City of Fart Collins. of when shipped, received or accepted, is, to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser create as a waiver of any of thm moms Inspection. GOODS are subje t to the City of Fos Collins inspection on arrival. hereof. Final Acceptance. Receipt of the memhandisq vertices or equipment to response, to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonzed payment on roe pan of the City of Fon Collins. However, it is to be understood that FINAL Sella and the Purchases reeognis that in actual cris practme, overcharges resulting f mnimnsl ACCEPTANCE is dependent upon completion of all applicable requirel inspection procedures. violations am in fact home by the Purcha . Themtofsm, foor good csusc and as consideration for counting this purchase order. the Sella hereby assigrss to the Purchaser any and all claims it may now have or hams cr Freight Temn. Shipments most he F.OB., City of Fan Collins.'pl0 Wood Sp, Fun Collins, CO 80522, unless acquired unda federal or sum antitrust laws for such ovenhargn relating to the Particular goads a seances, otherwise specified an this order. If permission is given to prepay freight and charge separately, the capped freight purchased or acquired by the Purchaser pursuant to this pumhax order. bill most accompany invoice. Additional chargrs for Woking will not be acrePed 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufxtumr have distributing points in emus pans of foe country, shipment is If me Purchaser directs me Sella to correct nonconforming or defective goods by a dam to he agreed upon by the expected from the nearest distribution point to deatitatim, and excess freight will be deducted from Invoice when Purchaser mud the Seller, and the Sella therwfier indicates its inability or unwillingness to comply, foe Purchaer shipments are made from greater distance, may cause the work to be performed by me most expeditious means available in it, and the Seller shall pay all cams associmed with such work. Permits. Seller shall procure at sellers sole cost all pessary Fromm. roAficats and licensers; squired by all applicable laws, regulations, ordinances and rules of the sere, municipality, territory or Political subdivision where the work is national, 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 Collins harmless from and against all liability and loss vincurred by Ihem by ream. of an msened ur established violation of any such laws, regulations, owirances, rules tregwremenm. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and umplenc a ahodry to bind said panics. LIMITATION OF TERMS. Ihis Purchase Order expressly limits acceptance to the corms and conditions said herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any addiliomd or different moms and sandhi.., proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENIimmedimely tryout comer make complete shipment to arrive on your promised delivery dale as soled. Time is arms, essence. Delivery and naf s . most be effected within the time soared on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpasial late deliveries, shall operate as a waiver of this provision. In the sent of any delay, the Purchaser shall have, in addition to other legal and equiablc remedies, foe.,,,.a of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages . a result of &days due to causes not rwsmmbly fxop crable which are beyond its reasonable control and without its fault of negligence, such acts ofGod,aa..(civil apoint, authorities g memmenal Families,( s, spikes, Rood, c idemirs, arms tom provided flat notice of the conditions causing such delay is given to the Purchaser within five (5) days of fe time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall M extended for me period equal to me time actually lost by reason ofthe delay. 3. WARRANTY. The Sella waants that all goods, articles, materials and work rovertJ by fix order will conform with applicable drawings, specifications, samples andnor other descriptions given, will be fit for the proposes amended, and Performed with the highest degree of are and competence in accardance with accepted standards for work of a similar nature. The Seller egress to hold foe purchaxr haaless from any lass, damage or expense which foe Purchaser may sufferer incur at account of the Sellers beach of waronly. The Sella shall replace, repot or stake good, without cost m foe purchaser, any defects or finals rising within one (1) year a within such longer period of time as may be prascibed by law or by the temp of any applicable warranty provided by foe Seller after me date of acceptance of the goods fumishsd heremWa (acceptance not to be unmasovably delayed), resulting from imperfect or detective work done or mamials famished by the Sella. Acceptance or us, of goods by the Purchaser shall not .mtimle a waiver ofmy claim power this warranty. Except as otherwise provided in this putohax order, the Sellers liability hereunder shall extend to all damages proximately catend by foe breach of any of the foregoing warranties or guammres, but such liability shall in no event include loss of profits 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any chnngcs to ,he warms, other than legal cocoa, including additions to or deletions from the quantities originally ordered in the s,,Ii fiwtinm ur drawings, by limit or written change order. 1f any such change affirm the mount due or the time afperftmence hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. I he Purchaser may .1 any time by written change order, mrminme this agreement as to any or all potions of the goods then nun shipped, subject o any equitable adjustment between the patties as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted potion of the grawg forgot work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers su ndaw sluck. No such termination shall relieve me Purchaser or the Seller of any of their obligations an to my goods delivered hereunder. T. CLAIMS FOR AD3USTM ENT. Any claim for edjmtmcm most he asserted within fitly (30) days fro me date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such docum.s as may, h required to after, or evidence compliame. All laws and regulaiom trimmed 10 be mcarpamted in ift magens of this chamne, am hereby imopoated herein by ties reference. The Seller agree 10 indemnify and hold the Purchaser humless firm all corm and damages soli ed by the Purchaer m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Perry shall assign, mnsfe, or convey this We,, or on, monies due or m became due hercuower without she mar win. consmt of the omen parry. 10, TITLE. The Seller warrants full, clear and umessicted title as the Forebear for ail equipment, ma4ials, and items famished in perfomtmce of this amaracef, f and near of my and all liens, membrane, ne, reservairm, security iOre. encumbrance anal claims mi'min , The Seller shall release the Purchasa and its comacmrs of any tier fmm all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry mlemed and shall extend to the directors, officers and employees ofsuch party. The Sellers commercial obligations, including waanry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lane, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use .f such patented design, device, material or process in coronation with the contract, and shall indemnify the Purchaser for any cost, 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 me work. In case said equipment, or any pas thereof or the intended use of the goods, is is such suit held to comprou infringement and the use of said equipment or From 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 pans, replace the same with substantially equal but n.ninGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become irssolvent or bmkmpl, make an auigamea, for me benefit of creditors, appoint it memer or We for any of $e Sellers property or business, this order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used a the interyretation of me agreement and the ighm of all ponies hereunder shall be convinced under and goveenral by the Wxs fifth, Stem ofColmak, USA. The following Additional Conditions apply only in asses whim the Sella is to perform work hereunder, including ter services algal). Represenative(s), on the premix, pretax. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers awn risk until me same is fully completed and accepted, and shall, in au of any accident destruction or injury t. foe work anrVa omteials before Sellers fired completion and acceptance, complete the work at Selds own expense and to the satisfaction of the Purchaser. When materials and equipment am f ichcd by others for mom llmion or erection by foe Seller, foe Sella shall receive, unload, stop and handle came at the are and become responsible ferefor as though stab materials and/or equipment were being famished by the Seller under the owes. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including ace,dimmil disease benefits, no its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the stain in which the work is to be done. The Seller shall also cony cumpreltensive general liability including, but not limited to, contractual and automobile public liability insurmce with mahly injury and death limits arm least $300,000 for any one person, $500,000 1'or any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of foe Sellers or his contractors employees shall du any work upon the premises of others, the Seller Shall famish the Purchaser with a cef ificate fat such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seiler agrees that such compensation and immune shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability fa any and all damage, loss or injury of my kind or nature whosoever to permits or property caused by or mantling from the execution of foe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hmmless the Purchaser and any Or all of the Purchasers officers, agents and employees form and against my and all claims, losses, damages, charges ar expects, whether direct or indirect, end whether to persons or propmy m which me Porringer may be, put or subject by ratan of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, a my of foe Sellers or contractors officers, agents car employees. In case my and a omen proceedings shall be, Enough, against the Purchaser, or its officers, agam or employees at my time on account a by reason of my act action, neglect, omission or default of me Seller of my of his contractors or my of its or their offers, agents or employs as aforesaid, me Seller hereby agrees m assume the defense thereof and to defend the come at the Sellers own expense, to Pay my and all costs, charges, amameys f and met expenses, my part all judgments mat may be incuned by or obtained against the Purchaser or my of ins a that officers, agents or employees in such suits w other proceedings, and in case judgmmt or other hm be placed upon or Obtained againd the property of the Purchaser, or said ponies in or as a moult of such mite or other proceedings, the Seller will at once.me me same m be dosoh'ed and discharged by giving bond Or omerwi a. The Sella and his contractors shall take all safety precaution, fish and install all guards necessary for the prwentim of accidents, comply wins all laws and regulations with regard in safety retailing, but without limiation, me Occupational Safety and Health Act of 1970 and all roles and regulations issued pursumt memo. Revised 03R010