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HomeMy WebLinkAbout309311 CAPSTONE PLANNING & CONTROL INC - PURCHASE ORDER - 9146188PO PURCHASE ORDER 914618er Page C117/ of PURCHASE 46188 1 of z `t Collins( This number must appear ` v " on all invoices, packing sli s and labels. Date: 10/23/2014 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: 10/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSTRUCTION SERVICES 2014 3M WATER MAIN LINING PROJ 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@fogov.com 1 LOT LS 4,814.00 Total 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. our Exemption Number is I L NON WAIVER. Failure of the Purchaer to insist upon stoat performance of the temp' and conditions hereof, failure or delay to 98-04502. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 a registered with the Collector of Interval Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure m promptly notify dre Seller in the teem of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Gmrds Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due to defects of any of the sonorities ar obligations of this purchase order and shall not be deemed a waiver of any right of the damage is transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to Most upon strict Performance heeofor any ofas rights orr mediesm ra any such goods, regaNless immucrions from the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Imperial am[ modification or rescission of this purchase order by the Purchaser operate ns a waiver of any of the team Inspection. GOODS are subject W the City of Fort Collins impaction on arival. hereof. Final Acceptance. Receipt of the mercharWiw, moicm or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, aurhoriaed payment on me pan of the City of Four Collins. However, it is to be understood that FINAL Seller and the Purchaser weognize that in actual ecowmic practice, re echages resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations am in fact home by the Pacham. Theretofore, for good cause and is consideration fa executing this Purchase other, the Seller hereby assigns m the Purehma any and all claims it may now have ar homfler Freight Tams. Shipments must be F.O.B., City of Fort Collins, ]oo Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrmst laws for such overcharges reining to the particular goods or services otherwise specified oa this aide,. 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 acomoanv imerea. Additional charges for oackine with not be accented. Shipment Distance. Where manufacturers have Monitoring Points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice whet shipments are made from greater distance. Permits. Seller shall praare at sellers It con all ma., permits, certificates aad licenses required by all applicable laws, regulations, ordinances and tales of the sat, municipality, territory or political subdivisions where the work is performed, or required by my other duly mmtituted public anthomy banngjuriss icular over $e woh of vendor, Seller further agrees to hold the City of Fan Collins homeless fmm and against all liability and loss incurred by them by reason arm asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Aurburization. All parties to this contract agree that the ramacmnrives are, in fail, bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions sand herein set foah and any supplementary or island ... I tams and conciliator annexed hereto or incorporated herein by reference. Any additional or different lams as condlmes proposer by seller are objected m anal hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cancan make complete shipment to arrive ou your promised delivery data as mood. Time is of the essen c. Delivery and performance must be effected within the time stmcd on the purchase order and the documents attached hereto. No acts of she Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver alibis provision, In the event of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option al placing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not nownedly fortsttable which are beyond its ...Me comml and without its fault of negligence, such acts of Gad, acts of civil or military authorities, gm'emmenml priorities, fees, strikes, food, epidemics, wars or riots presided that worse of the conditions causing such delay is given mere Purchaser within five (5) days arm, time when the Seller fat received knowledge thersmf. In flue event of any much delay, the date o'delivery shall be extended for the period yual to the time actually Into by reason ofdic delay. 3. WARRANTY. The Seller warrants Nat all goods, ariclm, materials and work worried by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a lailar nature. The Seller agree to hold the purchaser harmless 1'mm any loss, damage or expense which the Purchaser may suffer or incur an account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faWts arising within one (1) year or within such longer period of time as may be prescribed by law or by the tamx of any applicable warranty provided by the Seller after the date of acceptance of me goods fumohed hereunder (acceptance not to be cme uourably delayed), resulting from imperfect or defective work done or materials fum6hel by me Sella. Accep erce or use of goods by the Purchaser shall not consortium a waiver of any claim ruder Nis warmnry. Except as otherwise provided in this purchase order, the Sellers liability hecuvder shall extend to all damages promeanly aimed by the breach of aoy of the foregoing warmnries or guarantees, bur such liability shall in no event include lass of profs re Ins ofmsa. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser May make changes ro legal ems by wrinat change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumlaser may make any changes to the terms, other than legal occurs, including additions to or eSdel ons from the quantities originally ordered in the speciffcmiom err drawings, by second o wrtren change order. If any such change elree. me amount due or the time ofperfotmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change or terminate this agreement as m any or all smiom of the gmdx then not shipped, subject to any equitable adjustment between the panics as many work or materials than in progress provided Nat the Purchaser shall oat be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or 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 sandand stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations a to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within they, (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnns that all goods sold hereunder shall hale been produced, sold delivered and famish l in shier compliance with all applicable laws and regulations m which the goods are subject The Seller shall execute and deliver such documents as may he required as effect or evidence compliance. All laws as regulations refined or be ncoryomrnd in agreements of this character are hereby incorporated herein by Nis reference The Seller agrees as indemnify and hold the Purchaser hurmless from all toss as damages suffered by me Purchaser ns a result of the Sellers failure a comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or coney Nis order, or any monies due a to became due hereunder without the prior wrinen coment of the other may. 10. TITLE. The Seller warmers full, clear cad roue hr cted fide fo the Purchaser for all eurpmem, materials, end it. famishd in pert once of this agreement, free and clew of any ad all liens, marearom, mour ations, wants interest encumbrances and claims afothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Pmrchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchmer and the Sallee and the Seller Nerealler indicates its inability or unwillingness to comply, ere Purchaser may cause the work to he performed by me most expeditions means available to it, and the Seller shall pay all casts resoeiarN with such work. The Seller shall releaw, the Purchaser and its contractors of any der from all liability and claims of any nave resulting frem the performance of such work. This eleme shall apply even in the event of fault of negligence of the party released and shall extend no the directors, officers and employees of sock party. The Sellers contractual obligations, including wametay, shall at 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, mafenal or process coveml by loner, plain, trademark or copyright, the Seller shall wdemrdfy and save hamMess the Purchaser fmm wry and all claims for containment by reason of he see of such patented daign, device, material or prows in connection with the at.,, and shall indemnify the Puehaer for any con as,. or damage which it may be obliged to pay by. of such Nfringement at any time dancing the prosecution or after the completion of the work. In case said equipment, ar any an nermf or the intended use of the Roods, is in such suit held in constitute 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 Purchacr the right no continue min, said equipment or putts, replace the same with substantially equal but m ninfinnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankmpt make an assignment for the benefit of credimrs, appoint a mociva or trustee fat any of me Sellers property or business, Nis order may forthwith be canceled by the Particular without liability. 16. GOVERNING LAW. The definitions of arms user or the ineeryrtution of the agreement and rise rights of all Putties hmuda shall be comwcd under and governed by me laws of the State .(Colorado, USA. The fallowing Additional Conditions apply only in emas where the Seller is to perform work hereunder, occluding he services of Sellers Repracatrtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall cant' an said work as Seller's own risk mail me same is fully completed and sccepmd, and shall, n case of any accident, destruction or injury to the work maker materials sae Seller's final completion and worpeame, complete the work a Sellers own expense and no the satisfaction of Ne Pedrosa. When materials and aryipment are famished by others for installation or erection by the Seller, the Sella shall receive, unlaced, stare ad handle same, at the site and become tapamible therefor as Nought such materiels rndror equipment were being famished by $e Seller under Ne other. 18. INSURANCE. The Seller shall, al his owns expense, provide far the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andkor to their dependents in accordance with the laws of the area in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, committal and automobile public liability insurance with hiamly inquiry and death limits of m least $3 W,000 for any one pemoq $500,000 for any one accident ad property damage limit per accident of "00,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and ianower, Before any of the Sellers or his contractors employees shall do any work upon the premise of others, the Seller shall famish rise Purchaser with a certificate Nut such mmpematim and insurance have been presided. Such certificates shall specify the date when such compensation end insurance have been provided. Such certificates shall specify the date what such comparmeation and iaumnre expires. The Sever agrees Nat such compensation pad insumnce shall be maincomed until after me entire weak is complete and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumea he ¢mire responsibility and liability fir any and aI I damage, Inv or injury of ay 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 hmmless the Purchaser and any r all of the Purchasers olliem, agents and employees from and agairet any and all claims, losses, damages, charges or expenses, whether direct or idiecr. ad whether to persons or property to which Me Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, pay of his contractors, or any of the Sellers or contractors officers, agents or employers. In case any suit or other preasaim s shall be brought against the Purchaser, or is officers, agents or employees at any time on account or by reason of any act action, recglrei, omission or default of the Sella of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby area to assume the defense theread and to defend the same at Sellers owns expemc, to pay any as all case, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pumbmer or any of its or their oficers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon of obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, $e Seller will in once cause the same to be dissolved and dischargd by giving hand or otherwise. The Seller and his warrants shnil like all safety precautions, famish and immll all guards measvry for the prevention of accidene, comply with all laws ad regulations win regard to safety including, but without limitation, 'be Occupational Safety and Health Act of 1970 our all tales and m mlawas issued pursuant nmm. Revised 071'2014