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HomeMy WebLinkAbout309311 CAPSTONE PLANNING & CONTROL INC - PURCHASE ORDER - 9144763PO PURCHASE ORDER 914476er Page City of PURCHASE 763 1 of 2 ' `tCollins/ This number must appear �•I on all invoices, packing sli s and labels. Date: 08/18/2014 Vendor: 309311 CAPSTONE PLANNING & CONTROL INC 11001 W 120TH AVE SUITE 220 BROOMFIELD CO 80021 Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 08/18/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price WO # CA-WRF-2014-10 1 LOT LS 16,294.24 INDEPENDENT ESTIMATING SERVICES FOR DWRF SPT IMPROVEMENTS 7581 Independent Cost 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 $16,294.24 Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By atomic the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11, NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon swat performance ofthe tam¢ and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or ¢meshes provided herein or by law, failure he promptly acetify the Seller in the event of a breach, the acceptance of or payment for word, hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED day to film, In men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in hansit may be rammed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon start performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser opera, as a waiver of any of the terms Inspection. GOODS are subject to the City of Pas Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12 ASSIGNMENT OF ANTITRUSTCLAIMS. authorized payment on the port of the City of FortCollins. However, it is to be understood thatFINAL Seller and the Purchase recognize that in actual eta omic practice, overcharges resulting form antioned ACCEPTANCE Is dependent upon ectoplasm. fall applicable required inspection procedures. violations are in fact home by the Purchaser Theretofore nFor goon causes and as consideration for executing this purchase order, the Seller hereby assigns to the Parchaser any and all claims it may now have or hereafter Freight Trans. Shipments most be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless otherwire specified on do, orderif permission is given to prepay freight and charge separately, the original freight bill mtso accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to deslinotion, and excess freight will be aedueted Wm Invoice when shipments are made from greater distance, Permits. Seller shall procure at sellers sole cost all necessary, permits, certificates and licenses mr,pood by all applicable laws, regulations, ordinances it rules ofthe stale, municipality, tedito,, or political subdivision where the work is performed, or required by any other duly mnnnifted public authority havingjunsdiction over the work of vendor. Seller Further agrees to hold the City of Fan Collins harmless hum and against all liability and loss insiormal by them by cam. of an asserted or established irmu ion of any such I., regulations, ordinances, rules and rmuiremenu Arplamizarirn. All parties to this contract agree that the representatives are, in fact, bona tide and possess full and concerti, authority m bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tam, sad conditions stated herein set forth and any supplementary or additional ,ruts and conditions annexed hereto or incorporated herein by reference. Any additional or different rem, and conditions proposed by seller are objectedm and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active oa your promised delivery data m soled. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofportial late deliveries, shall operate as a waiver of funs provision. In the event of any 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 are beyond its reasonable central and without its fault of negligence, such acts of God, arc, ofcivil or military authorities, governmental priorities, free, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing scab delay is given to the Purchaser within five (5) days of the time when the Sal let first received 6 owledge thereof. In the event of any such delay, the date of delivery shall be extended for period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants than all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other dncopium, given, will be fir for no purposes intended, and ,wrfommd with the highest degree of care and competence is accordance with accepted mansards for weak of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purcla er may suffer or incur on account Offs, Sellers breach of warraory. The Seller shall replace, repair or make grad, without cast to the pumhacq any defer, or foul, arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warrant, provided by the Seller after the dote of acceptance ofthe goods farishd hereunder (acceptance not to be unreasonably delays), resulting ham imperfect or defective work done or materials famished by the Seller. Acceptance or use of goes by the Purchaser shall not constitute a waiver of any claim under Nis warm V, Except an otherwise provided in this purchase order, the Selleq liability hereunder shall extend to all damages proximately caused by the breach ofany of the forgoing warranties m mustrres, but such liability sban in no event include loss of pm ll, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Prob asco may make changes for legal moms by woven change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to at deletions from the gmutitms originally ordered in the specifications or drawings, by verbal or woven change order. If any such change slTects the amount doe or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all Romans of rbe goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated more on the uncompleted portion arthe goods and/or work, for incidental . consequential damages and that no such adjustment be made in favor of the Seller with respect to any pods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted wife. thirty (30) days from the data the change or temmation is ordered. S. COMPLIANCE WITH LAW. The Seller warted, that all gods sold hereunder shell have been produced, sold, delivered and famished in shin compliance with all applicable laws and regulations In which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character ere hereby incorporated herein by this reference. The Sells, agrees to indemnify and hold the Purchaser houndess form al cos, and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, member, or convey this order, or any monies due or to become due hereunder without he prior widen consent ofrhe other parry. 10. TITLE. The Seller warn¢ full, dear and reassembled title to the Purchaser for all equipment pro eri and items famished in performance of his agreement, Gns free and clear of any and all lie, restrictions, reservations, security interest encumbrances and claims of others acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Perelman and the Selleq and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means ... dold, to d. and the Sells, shall pay all cos, associated with such work. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any before resulting from the performance of such work. This release shall apply even in be event of fault of negligence of the any released and shall extend m the direcmrs,.1icen and employees Of such pany. The Sellers, contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or woad to be performed by the Forehnss,. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, 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 of such Infected design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by masers of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan hereof or the intended use ofthe good, is in such suit held to ean,tim a infringement and the use of said 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 pans, replace the same with substantially equal bar noninfringing equipmenl, or modify a so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baMmpt, make an assignment for the benefit of creditors, appoint e receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the c Po haser without liability. 16. GOVERNING LAW. The definitions of terms used arthe interpretation ofthe agreement and the rights of all parties hereunder shall be .named under and governed by file laws of the State ofColomdo, USA. The following Additional Conditions apply only in th where e Seller is m perform ere work hunder, including the services of Sellers Remesenlatividd, on foe premises of others. .. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Selleh own risk until the same is fully completed and accepted, and shall, in are of any accident, destruction or injury to the work and/or memnals before Seller's file] completion and acceptance, complete the work at Seller's own expeme and m the satisfaction of me Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, , its employees employs on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public Inability insurance witb bodily injury and death limits of at least 5300,000 fur any one person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his attars, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser with a certificate that 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 Seller agrees that such compensation and insurance shall be maintained until after the entire work is competed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell,, hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pmchasa and any r all of the Purch vacs officers, agents and employees from and against any and all claims, losses, damages, c harges or expenses, whether direct or indirect, and whether to persons or property to which the Parchment may be put or subject by reason of any act, when, neglect, omission or default on the pan of the Seller, any of his onpacmrs, a any of the Sellers or candelabras imars, agents o employees. In case any suit or other proceedings shall be brought Writer the Purchaser, or to officers, agents or employees at any time on 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 their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, avomeys fees and other expenses, any and all judgmen, that may be incurred by or obtained aga., the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result stanch suits or other praeedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, furnish and main][ all goads necessary for the provencon of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 07/2014