HomeMy WebLinkAbout309311 CAPSTONE PLANNING & CONTROL INC - PURCHASE ORDER - 9146856PO
PURCHASE ORDER 914685er Page
�.I�/ Of 9146856 t of 2
F6r} Collins This number must appear
//-,"y`�_.J`'' ` on all invoices, packing
sli s and labels.
Date: 11/24/2014
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: 11/24/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 CONSULTING SERVICES
SCP-NECCOPH3-111714
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.mm
1 LOT LS
3,560.00
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
I. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt fmm state aM Real taxes. Our Exemption Number is
11. NONWAIV ER.
98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is ta,,tered with the Collector of
Failure of the Purchaser ro built upon strict Prof.... of the 1. end renditions hereof, failure or delay To
Internal Revenue, Denver, Colorado (Ref Colorado Revised Sahara 1973. Chapter 39-26, 114 (a),
emy
exercise y rights or remedies provided herein or by law, failure to promptly Polity the Seller in the event of a
breach, acceptance of or payment for gwd hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected, GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of
any of Ore wiec nties or obligations of this purchase order and shall not be deemed a waiver of any dght of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any of its rights or remedies of to any such goods, regamless
instructions from the City of For Collins.
of when shipped, received ar accepted, a to any prior or subsequent default hereunder, nor shall any imported
oral and. ficalimn or rescission of this purchase order by the Purchaser operate ns is waiver of any of the terms
Inspection. GOODS arc subject to the City of Fort Collins alllocation on arrival.
hereof.
Final Acceptance. Receipt of the merthandhe, services or equipment in re,xime m this order w mull in
13. ASSIGNMENT OF ANTITRUST CLAIMS.
autharized payment on the pan of the City of Fort Collins. However, d is to be understood that FINAL
Seller and the Purchaser recognise That in canal amomfic practice, overcharges making f antitrust
ACCEPTANCE is dependent upon completion of all applicable ratified inspection procedures,
violation for in far, berme by The Purchaser. Theretofore, fee good cause and as consideration for executing this
purchase order, the Seller hereby consign in the Purchaser any and all claims if may now have or hereafter
Freight Terms. Shipments most be TO IT, City of Fort Collins, 700 Wood Se, Fort Collins, CO 80533, unless
acquired under federal or state antitrust laws for such overcharges relating to The particular goods or smica
otherwise specified on this order. If permission is given ro prepay find do and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase Omer.
bill must accompany invoia. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have drdaburing paims in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Promarf Seller shall procure at sellers sole cast all raeent, peam., certificates and licena required by all
applicable lass, regulation, om.runcei and tales ofthe scam, municipality, territory or political subdivision where
The work is performed, or required by any other duly constituted public authority hazing jurisdiction over the work
of vendor. Seller former agrees to hold the City of Fort Collin harmless from and again, all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, regulation, ominances, tales
and requirements.
Amhmanion. All of,, to this contract ago that the rcprrsenratives on, in fall, bon. fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order emmasly limits aa,man , to the tern T and conditions stated
herein set forth and any supplementary or additional terms and conditions nowfal hereto or incorporated herein by
¢fch nat. Any additional or different It. and conditions proposed by seller are objected ro and hereby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Eyed cannot make complete shipment TO active on your
promised delivery date as, crated. Time is of the essence, fAlivery add performance most To elected within The time
stated on The purchase Order and the documents attached hereto. No sell of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate all a waiver of this provision In the event of any delay,
,he Purchnser shall have, in addition to other legal and affable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages us a result of delays
it. to causes not reasonably attainable which use bevond its reasonable round and without its fault of negligence,
such acts ofGed, acts of civil or military authorities, governmental prionfies, fires, strikes, Bowl, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchasa within Ova (5) days ofthe
time when the Seller firs, received knowledge therm(. In the event of any such delay, The date of delivery shall be
extended for the periM ryual to the time drolly lost by ream. afma delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples We, order description gwrn, will be fit for the pumosa intended, and
Performed with the highest degree Of core and competence in accordance with accepted standard for work of a
similar affair. The Seller agrees to hold the purchaser harmless four any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair Or make
gad, without cost to the purchase, any defects or faults arising within one (p year or within such longer period of
time as may be prescribed by Law or by the from, ofany applicable warranty provided by the Seller after the date of
ad fa acceptance of The goods hereunder (acceptance not to be unreasonably delayed), resulting film imperfect
or defective work done or materials fumhhad by the Seller. Acceptance at use of goods by The Purchaser shall nor
rocatitute a waiver of any claim under This wmmry. Except a otherwise provided of this purchase Tanker, the Sellers
liability hereunder shall extend to ell damages proximmely ramad by the breach of any of Om ran., np wmmtia
or guarantees, but such liability shall in no event include loss of profirs or lass 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaer may make any changes,. the tents, offer than legal firms. including addifiore to or dalaios, film
the quantitica originally ordered in the specifications or dewimy, by Sabel or written change order. If any such
change affirm the amount due or the time ofperfomtance hereunder, net equitable mi manan, shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wdnen change order, terminate this agreement a to any or all portions of the
goad then not shipped, subject to my altitude adjustment bawant The panic as to my weak or mmerials then in
progress provided Out rise Furtherer shall not he liable for any claims for anticipated profits on the uncompleted
portion of the good and/or work, for incidental or coaauential damages, and that no such adjustment be made in
favor of fhe Seller with raped to any Goods which are The Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller of any of their obligations as To any goods delivered hereunder.
q. CLAIMS FOR ADJUSTMENT.
Any claim for adjunment must be asserted within thirty (30) days from the date the change or Termination is
mcla d.
8. COMPLIANCE WITH LAW.
The Seller wammrrs Oat all goods sold hereunder shall have been produced, sold, delivered and fraishod in strict
compliancy with all applicable laws and regulations To which the goods are subject The Seller shall execute and
deliver such documnta To may be required to effect or evidence compliance. All laws and regulations required to be
ncorporsted in agreements of this character ere hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages sffered by The Pullover as a result ofthe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither perry shall assign, member, or convey this order, or any monies due or in become due hereunda without the
prior within anent ofthe other party.
10. TITLE.
The Seller wareors full, Their aM vivied fde an the Purchser far all equipment, rnteriaLu, and it. futnislred
in performance of this agreement, free add clear of any and all lien, restrictions, reservation, security interest
encumbrances and claims of orders.
13. PORCI IASEITS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser d.recis the Seller to cored nonconforming or defective gotta by. rime m be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability a, unwillingness m comply, The Familial
may cause the work to 4 performed by the most expeditious means asailable to it, and the Seller shall Pay all
costs andeiated with such work.
The Seller Saudi release the Purchaser and its contruvors of any tier form all liability and claims of any nature
resulting films the pM aaco Ofsuch work.
This release shall apply even in The event of Paull of negligence of the party released and shall extend to the
directors, officers and employees of such party.
The Sellers contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Wherever the Seller is required to use any design, device, material or process covered by letter, patent, Trademark
or copyright The Sella shall Mentally and save harmless The Purchaser fmm any and all claims for infringement
by reason of the use of such pmented design, device, nermal or process in connection with the comfort, and
shall indemnify the Parabola for my ersL expense a damage which it may be obliged to pay by reason of such
infnngemen, at my 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 goad', is in such suit held to constitute infringement and the use of
said equipment or pan is cautioned, the Seller shall, at its awn expense and at its option, either procure far the
Purchaser the right to continue cuing said equipment or pans, replace the same with substantially equal but
naninfringing equipment, or modify it so it becomes naninfdnging.
15. INSOLVENCY.
If the Sella shall become insolvent or bankmpl. make an asuigmnea for the benefit of crdibq appoint a
receiver or ousts: for any of the Sellers property or business, this order may forthwith be offered by The
Foundation, with.., liability.
16. GOVERNING LAW.
The definitions off. used or the interpretation of the agreement and The rights of all parties herearder shall the
rensaued under and governed by The laws ofthe Stale of Colorado, USA.
The fallowing Additional Conditions apply only in causes where the Seller is on perform work hereunder,
including the services of Sellers Remannur.tive(s), oa The premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Seller's own risk until the same is Tally completed and accepted, and shall,
in case of my accident, destruction or injury to the work andfor materiaB bet Sellers final completion and
acceptance, complete The work at Sellers own expense and to The satisfaction of the Purchaser. When nationals
and equipmen, are famishd by others for installation or erenion by the Sella, not Sella shall receive, ualm d.
sore and handle some in the site and become responsible therefor as Though such materials adre National
were We, NmishW by The Sella coder the order.
S. INSURANCE.
The Seller shall, at his own expense, provide for The payment of workers compensation, mvha fg occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependen6 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
liability insurance win bathe, i jury mid death limits .f a lent 5300.000 1., any fine person, $500,000 fur any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, dory. to provide fa 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 famish the Purchaser wild a certificate
that such compensation and insurance have ban provide. Such renifrf x,, shall specify the dame when such
compensation and insurance have been provided. Such ce ffivides shall spent the dare when such compensation
and insurance expire. The Sella agrees that such compensation and insurance shall be mairmined until after the
entire walk is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or ware whnuoeve, ro persea or property aimed by or resulting fmm the execution ofthe work provided for in
this purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Purchoser and any
r all of the Pumhrs oRcers, agents and employees from and against any and all claims, losses, damages,
care
harges or expenses, whether direct or iMirtl, and whether to persons or property to which life Purchaser my
be put Or subject by reason of my act, anion, negdar, omission in default on the pout of the Seller, my of hu
aMTraaors, or my of the Sellers or cunrrndors officers, agents or employees. In case my suit or other
proceedings shall be brought against The Purchaser, or its officers, agents a employees at any rime on account or
by reamn of troy act. who% region, emission or default of the Sella of my of his contractors or any of its or
flair oRcers, agents or employees as aforesaid, the Seller barely, agtea to ..me the defense thereof and To
defend The same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against The Purchaer or any of its or their officers,
agents or employees In such suits or other proceedings, and in case judgment or other lien her placed upon or
obtained against the property ofthe Purchaser, or said parties in or as a aeulf of such suits or offer proceedings,
The Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall Take all safety precaution, famish am iatall all guards necessary for the prevention of
accidents, comply wma all laws and regulation with regard to safety including, but without IimiratimL the
Occupational Safety and Health Act of 1970 aM all cola and regulation issued pursuant thereto.
Revised 07=4