HomeMy WebLinkAbout309311 CAPSTONE PLANNING & CONTROL INC - PURCHASE ORDER - 9142994Fort Collins
Date: 05/30/2014
PURCHASE ORDER
Vendor: 309311
CAPSTONE PLANNING & CONTROL INC
11001 W 120TH AVE SUITE 220
BROOMFIELD CO 80021
PO Number Page
9142994 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 05/30/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i WO # SCP-SREP-052814
FOSSIL CREEK STREAM
1 LOT LS
REHABILITATION PROJECT INDEPENDENT COST ESTIMATE
75811ndeoendentCost
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
4,860.00
Total $4,860.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
er Terms and Conditions Page 2 of 2
L COMMERCIALDEfAILS.
Tax exemptions. By samee to City of Fan Collins is exempt from state and local moss. Our Exemption Number is
9804502. Federal Excise Tax Exemption Catificam of Registry 84.6000587 is registered with the Collector of
Internal Revenue, Drover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due of defects of
damage in Wmir, may be orumed to you for credit and are not m be replaced except upon ,.far of women
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, se or equipment in response to his order canraid, in
arthonzed payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL
ACCEPTANCE,, dependent upon completion of all applicable required duration procedures.
Freight Perms. Shipments must he F.O.D., City of Fan Callus, 700 Wood St., Fan Collins, CO 80522, unless
otherwise specified on this order If permission is given to profit, freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accep cd.
Shipment Distance. Where manufacturers Mae distributing Points in varricaus Pans of the country. shipment is
expected from the nearest distribution point to dedication, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permit,. Seller shall firo tire at sellers sole cost all necessary Permits, cen.fiems and ].come residual by all
applicable Lows, regulations, ordinances and roles of the stale, municipality, territory or political suMivision where
the work is performed, or required by any other duly couslimted Public authors having jurisdiction .,or the work
of vendor. Sella further agrees to hold the City at Fort Collins hamdess from and against all liability and loss
informal by them by reason of an asserted or established violation of any such laws, regulations, urdlnmmes, roles
and requirements.
Authmixalion. All probes to this contract agree that the representatives are, in fml, bona fide and possess full and
omplete unhomy to bind said ponies.
LIMITATION OF TERMS, This Purchase Order exp araly limits acceptance to the terms and conditions sctual
herein sal fond and any supplementary or additional terms and conditions aatexnd herein of incorporated herein by
reference. Any additional or different terms and condition proposed by seller ate objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedimely ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the rime
stated on the purchase order and the documents rmehed hereto. No ac¢ of the Purchasers including, without
I.mimrion, meeplance f,dial late deliveries, shall operate as a waiver of this provisiou in the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remodme, the option of placing this aide, elsewhere
and balding the Seller [;,able for damages. However, the Seller shall not be liable for damages as a result ofdelgs
due to anuses not reasonably foreseeable which are bryond its remmble control and without its Carlini negligence,
such acts of Cod, acts orewd or military aullmrir.es, governmental promises, fires, strikes, food, epidemics, wars or
riots provided Net notice ofthe conditions causing such delay is given to the Purchaser within live (5) days of the
rime when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the rime wholly lost by reason Mthe delay.
3. WARRANTY.
no Seller warmers that all goods, articles, materials and work covered by this order will confatm with applicable
drawings, specifcmiose. samples andior other dexuriptions given, will be fit for Nc poNoses intended, and
performed with the highest degree of care and compreme in accordance with acermal standards for work of a
similar wore. The Seller agrees to hold rise purchaser hamless from any lass, damage or expense which the
Purchaser may suffer or room an Deform of the Sellers breach of.,,, The Seller shall regime, repair or make
good, without cast to the pschamn any defects or faults arising within one (1) year or within such longer period of
time as may be presented by law or by the or. of any applicable warranty provided by the Seller after the dare of
acceptance of the goods furnished hereunder (acceptance not be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or tau of goods by the Purchaser shall nor
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase .,do,, the Sellers
Lability hereunder shall extend to of damages proximately caused by the breach of any of the fnego.ng varmmirs
or guarantees, but such handily shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR M ERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wane. change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make any changes asthe re ,other than legal tents, including addici in delnions firm
the quamitinco,mally ordered in the s issifcatiom or drawings, by verbal or written change order. If any such
change affects the amount due or the lime Mperfonnance hereundn, an gritat adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by wrimen change order, terminate this agreement as to any or all Famous of the
goads then not shipped, subject to any emoamle adjustment hoavicen the parties as to any work or materials then in
progress provided that the Pmch:uer shall nut be liable for any claims for anticipated profits on the uncompleted
pnfn of the goods and/or mark, for incidental or consequential damages and that no such adjustment be made in
favor of the Seller with respect to any gmais which are the Sellers standard stock. No such terammin mn shall relieve
the Purnmer or rate Seller of any either obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
A, claim for adjustment must be aswned within thirty (30) days form Ne dam the change o, re,mitatim is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamams that all goods sold heemder shall have been pmdresd, sold, delivered and famished in inner
compliance with all applicable law, and regulations m which the good are subject. The Selltt shall ameare and
deliver such do matey m us may he required to effect or evidence compliance. All laws and regulation required to be
matrimonial in agreements of this character ere hereby incoryomred herein by this reference. The Sella agrees to
indemnify and hold the Purchases handless from all costs and damages suffered by the Purchaser in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mother, or convey this order, or any monies due or to become due hereunder without he
poor written consent ofNe other party.
10. TITLE.
The Sella warrants full, clear and morestricted title to the Purchaser for all equipment, materials, and items furnished
in prformanre of Nis agreemen, free and clam of any and all liens, restrictions, um , main, interest
encumbrances and claims of adders.
11. NONWAIVER.
Failure of the Pumhasn to insist upon strict performance of the lama and conditions hereof, follow or delay I.
y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
French, anthe acceptance of or payment for goods hereunder of approval of the deign, shall not whose the Seller of
any of the warranties or obligā¢tiom of this puchae, order and shall not be diamond a waiver of any right of the
purchaser to insist upon strict performance haeofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as many prior or subsequent default hereunder, ear shall any purported
oral mad. ficmion or rescission of this purchase o,do, by the Purchaser operate as a waiver of any of the moss
hereof.
12 ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violmium are in But home by the Purchaser. Transfuse, for good cause and as consideration for executing this
pumham order, the Seller heeby assigns to the Purchase, any and all claims it may now have or hereafter
acquired under federal or sure antitrust laws for such overcharges elating to the particular goods or services
purchased or acquied by the purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Sella of correct nonconforming or defective goods by a date on, he agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicate its inability or unwillingness to comply. the Purchaser
may cause the work to be pfifonned by the moon expeditious mom mm.leble to n, and the Sella shall pay all
costs associated with such work.
The Seller shall relearn the Purchaser and its contractors of any tier from all liability and claims of any metre
resulting from the performance Muth work.
This release shall apply even in the event of fault of negligence of the pp sy rellced and shall extend Is the
directors, officers and employees ofsuch parry.
The Sellers contractual obligations, including warranty, shall not be shared to be reduced, in any way, because
such work is performed ar caused m be perforated by the Purchan.
14. PATENTS.
Wbatwa the Seller is requirN to use any design, nervous, material or process covered by liner, paten, tradetrark
or cmpyrigh, the Seller atoll indemnify and save harmless the Purchaser from my and all of. far infringement
by reason of the me of such painted design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cos, 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 the work. In case said equipment, or
any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoinN, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it sit it becomes aninGnging.
15. INSOLVENCY.
If me Seller shall become insolvent or bankrupt, make an assignment far the benefit of creditors, appoint e
receiver or tmstce for any of the Sellers property or business, this order may forthwith be cancelnd by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of toms used or the interpretation ofthe agreement and the rights of all ponies hereunder shall be
cons Wed order and gm emnd by fie D. fifth, Share ofCi lomdu, USA.
The following Additional Conditions apply only an conces where the Seller is to perform work hereunder,
including the smite oFS,11. Repfir.ovefs), oo the premises afulon,
17. SELLERS RESPONSIBILITY.
The Seller shall carry tin said work at Seller's own risk until the same is fully completed and accepted, and shall,
in se of any accident, donsuction or injury to the work addict materials before Seller's final completion and
acceptance , complete the work al Sclia, own expen. and to the satisfaction of the Pumhm r. When materials
and equipment me famished by others for installation or erection by the Sella, the Sella shall receive, inland,
store and handle same at the site and become responsible therefor us though such materials and/or equipment
war being finished by the Sella under the order.
I& INSURANCE.
The Sella shall, at his own expense, provide fro the ,mem of amuns, compensation, including occuwtia ed
disease bcncfts, to its employees employed an or in connection with Ne work covered by Bus purchase order.
not to their dependents in accordance with fire laws of thc state in which the work is to be done. The Seller
shall also carry compeLmsive general liability including. but not limited to. conuacmal and automobile public
liability insurance with Wily injury mM death limiss of at least 5300,000 far any one person, 5500,oW for any
one accident and property damage limit per accident of 5400,000. The Sella shall likewise «.prim his
starry, to provide for such compensation and insumnee. I efom any ofthe Sellers or his contractors
employes shall do any work upon the premiss of others, the Seller shall furnish the Purchaser with a farmhouse
that such compensation and insurance have been provided. Such minfiestes shall specify the date whrn such
compensators and insurance have been provided. Such mar ficaes shall specify the time when such Competsm.on
and imanowe enpires.'I he Seller agrees Nat such compensation and insurance shall be maintained until alter the
entire work is completed and accepted.
19. PROTECTION AGAINSTACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of nny kind
or wine whatsoever to Persons or property caused by or resulting from the execution ofthe work provided for in
this P.how order of in comarawn herewith. The Seller will indemnify and hold hornless no Puehsser and any
r ail of the Purchasers oficer, agents and employees from and against any and all claims, losses, damage,
charges or exprtion, whether direct or indirect, and whether w Arsons or pmpe ry to which the Puchaser may
he put or subject by reason of any rot muon, "glee, omission or default on the pan of the Sella. any of his
.at. os, or any of the Sellers or ex.mrs affairs, agents or employees. In vase any suit or other
proaramp shall be brought against me purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or
Nei, officers, agents or employees ss aforesaid, the Sella hereby ogees to assume the defense thereof and to
defend the acme at the Sellers own expense, to pay any and all costs, charges, amori fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other him be placed upon or
chained against the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety pmencr ods. famish and install all gmrrks necessary for the prevention of
accidents, comply with all laws and regulations with regard to salary including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03Q010