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HomeMy WebLinkAbout309311 CAPSTONE PLANNING & CONTROL INC - PURCHASE ORDER - 9146710Fort Collins of PURCHASE ORDER PO Number Page 9146710 1of2 This number must appear on all invoices, packing sli s and labels. Date: 11/17/2014 Vendor: 309311 Ship To: WATER UTILITIES CAPSTONE PLANNING & CONTROL INC CITY OF FORT COLLINS 11001 W 120TH AVE SUITE 220 700 WOOD ST BROOMFIELD CO 80021 FORT COLLINS CO 80521 Delivery Date: 11/1712014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t CONSULTING SERVICES 1 LOT LS 5,472.00 N SHIELDS ST SEWER INTERCEPTOR 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDETA1L5. Tax exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption CeniBcate of Registry 84fi000587 is mRstered with thc Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Senate 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to men spesifi.tions, either who shipped or due to defers of damage in transit, may be remmed to you for credh and are not to he replaced except upon meipt of wrium interactions fmm the City ofFew Collins. Expiration. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Raeipt of the merchmdise, seinnem in etuiprrrow in respome to this order earn result in authorized payment oa the pan of the City of Fort Collier. However, it is an, be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable tmuind inapection postdates. Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, lutes, otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight bill most mcommny invoice. Additional the,. for packing will not W accepted Shipment Distance. Where manufacturers have detributing points in various pans of the country, shipment is expelled from the armrest distribution point to distinction, and excess freight will be deducted from Invoice when shipments art made from granter distance. Permits. Shccd shall procure at sellers sale coal all necessary pennies, certificates end licenses requlrcd by oil applicable laws regulations, ordinances and rules of the state, municipality, lenim, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss incurred by them by .,an of an warned tar established violation of any such laws, regulations, ordinances, rules en nmuhcments. Authorization. All parties to this contract agree that the representatives are, in fact bore fide and possess full and complete authority b bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceprance ro the to. and candidate sated herein ad both and any supplementary or additional terms and conditions annexed hereto or incopomted herein by reference. Any additional or different terms and comBiom proposed by seller are objected to and hereby rejecled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot rake rompine shipment go arrive on your Promised delivery doe is noted. Time is of the essence. Delivery and performance most be effected within the time stated an the purehasr order and the documents aruched hereto. No acts of the Purchasers including, without limitation, wee onto of panial late deliveries, shall operate as a waist ofthis provision. In the event ofany delay, the Purchaser shall have, in addition b other legal and workable remedies, the optm of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shill not be liable far damages. a twine of delays due to.asm not reasomMy foreseeable which are beyond its reasonable contol and without its fault of negligence, such sets ofGvd. tans ofeivilu military minorities, gas ..I priorities, fins, svikrs, Rood, epidemim, wan or riots provided Char notice of thr conditions .ruing such delay is given to the Pmchasu wdthia five (5) days of the time when the Seller Brat received knowledge thereof. In the went of any such delay, the date of delivery shall be emended for the period equal to the time acnally lost by reason of the delay. 3. WARRANTY. The Seller warnings that all goods, articles, materials and wont covered by this order will cant with applicable drawings, spmifcatiorns, samples ml'or other descriptions giver, will he fit fat the purposes intended, and perorational with the highest degree of care wing competence in accordance with incepted standards for work of a similar mtrue. The Seller agrees to hold the purchase, harmless from any loss, damage or expense which the Purchaser may suffer or mouton account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns ofany applicable womanly provided by the Seller after the date of acceptance of the goods fumisbed hereunder (acceptance not to be umeamnably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this womanly. Except as otherwise provided in this purchase enter, the Sellers liability hereunder shall extend to all damages proximately carved by the breach of any of Ina foregoing wmramies or guarantees, 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. Far Purchaser may make changes ro legal tees by women change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the names, ocher than legd grow, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by ate t d or comma change order. If my such change affects the amount due or dgr time of performance Maunder, m equitable w1jusraent shall be made. &TERMINATIONS. The Purchwer may at my time by women change maker, terminate Ors agreement as to any or OF Patiintss of the Fonds Oren Out shipped, subject to my ostensible able Wjmmrent betwern the Entries as to any wort or materials then in progress provided Oat the Purchaser shall rat be liable for my claims for anticipated profits on the uncompleted portion of the goods anNor work, for incidmeal a, coiameential damage, and tear no such adjustment he rude in favor of the Seller with respect to any good which are the Sellers standard stock. No such nomination shall relieve the Purchase or the Salter ofany of their obligations as to my goads delivered bwmwJ r. T. CLAIMS FOR ADJUSTMENT. Any claim for w1jusmene most be asserted within thiM (30) days bum the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold heromder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations as which the goods an, subject. The Seller shall execute and deliver such documents is may be reclaim! to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chameter are hereby incorporated herein by this refers. The Seller agrees to indemnify and hold the Purchaser hmmless from all costs and damages suffered by the Parchaser w a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofine other pany. 10. TITLE. The Seller warrants full, clew and unrestricted title to the Purchaser for all equipment mannish, and items famished in performmce of this agreement, free and dam of my and all liens, nwtrictirns, reservations, security interest recombination and claims ofmhers. 11. NONWAIVER. Failure of the Furniture m insist upon strict performance of Ogr terms and condiliore heeof, failure or delay to y rights or remedies provided herein privately or by law, failure to pmptly notify the the Seller in event of a breach, an ach, the wonterana ofor payment for goods hereunder or approval of der, design, shall trot release the Seller of any of the warmtiw or obligations of this purchase order rind shall not be deemed a waiver of any right of the purchaser in insist upon strict performance how,for any of its rights or tengedice in to any such goods,regardless of when shipped, received or accepted, as 0 my prior in subsequent default hertunder, nor shall any Federated will modification or rtscission of this purchase order by the Puohazer operate as a waiver of any of the toms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser emognize Oat in actual economic printer, overcharge resulting from antitrust violations art in fact home by the Purchaser. Theretofore, for good muse and w consideration for executing this purchase order, the Seller hereby assigm a die Purchaser any and dl claims it may now have or hereafie, acquired under federal or sure antitrust laws for such overcharges reining to the particular goods or service purchased or sequird by the Purchaser pursuant to this Fuchae order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhmer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchases cony cause the work to be perfumed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the any released and shall extend to the directors, nnirrrs and employees of arch parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, In any war, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenaver the Seller is required to me any design, device, maemal or process covered by Ienen patent trademark or copyright thc Seller shall indemnify and save hamless the Purchaser fmm any and all claims for infringement by Oregon of the use of such patented drop, device, material or process in connection with the ma eact and shall indemnify the Purchaser for any cast expense or damage which it may ber obliged to pay by reason ofsuch infringement at any time during the Imagination or after the completion of Ore work. In case mid equipment or vary pan therenf or the intended use of the good, is in such suit held a emititum infringement and the use of mid equipment at pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pwchaser the right m continue using said ryuipmmt or pans, replace the come with substantially mual but mmgninfringing reguipmenl, or modify it so it becomes raminfn'mging 15. INSOLVENCY. If the Seller shall become insolvent or bmkmpt, make an resignation for the bcrrcfit of creditors, appoint a receive, or tone, for my of the Sellers property or business, this order may forthwith be .nttled by the Purchaser without liability. 16. GOVERNING LAW. The definitions offerings used or the intermediation afthe agreement and the rights of all parties hereander shall be removed under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only w case where the Seller is to perform work hemmdg , including the services of5ellers Ri presentative(s), m the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk mill the same is fully completed and accepted, and shall, in use of any mcidem, destruction or injury to the work andur materials before Sellers line completion and ceprmce, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle come at the site and become responsible therefor w though such materials We, equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers crmpemation, including occupotiomal dearau bcreefin, to its employees employed oft or in connection with the work covered by this purchase order, arNor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller Shall duo carry Comprchcmi— general liability including, but not limited to, commercial and automobile public liability im.c with bodily injury and death limits of at ]cost 5300,000 for any one person, SSa0,000 for any accident and property damage lints par accident of SO00pUU. The Seller shall likewise require his contmchom if any, to povide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Sellershall famish the Purthwerwith a crrtifiraee that such compensation and announce have been provided. Such certificates shall specify the date when such coargrearegationg and insurance have been provided Such or gineates shall sp.ify Ore date when such compensation and insurance, cxpircs. The Sells agrees Oat such compewaton and irswel shall the, maintained writ alley the entire weak u completed and anemed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire respomibility and liability for any and all damage, lass or injury ofacy kind or name, whatsocecr to porous, in property, caused by m resulting from the execution ofthe work Provided fm m this purchase carer or in connection herewith The Seller will indemnify and hold handless the narchaser and my r all of the Purchasers rRc us, agents and employees from and against any aM all claims, Roseau damages, charges or expemru whether direct or indirect and whether to persons or property to which the Purchaser may be par or subjen by reason of my act acid., nmlcq omission or default on the pm of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or cmployeeu In .se any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of any act action, neglects omission or default of the Seller of my of his contractors or any of its or their olBcers, agents or cmployMS w aforesaid, the Seller hereby agrees to assume the defense themof and to defend the same at the Sellers awn expense, to pay my and all costs, charges, anomcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officer, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or m a result ofmch 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 precamiovs, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to saGty including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pusunnt thereto. Revised 07n014