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HomeMy WebLinkAbout309311 CAPSTONE PLANNING & CONTROL INC - PURCHASE ORDER - 9147179Fort Collins Date: 12/05/2014 PURCHASE ORDER Vendor: 309311 CAPSTONE PLANNING & CONTROL INC 11001 W 120TH AVE SUITE 220 BROOMFIELD CO 80021 PO Number Page 9147179 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: 12/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price ENGINEERING SERVICES 1 LOT LS WO #WTF T3 EQUIP-2014-1 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 5,434.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Callus is exempt from suite and local taxes. Our Exemption Number is 11. NON WAIVER. 984H502. Federal Excise Tax Exemption Cenificarc of Registry 84-6000587 is registered with the Collector of Failure of the Purcbasr in must upon strict Mr.. of the coma and canditiem hereof, failure or delay to Imemal Revenue. Denver, Colorado (Ref. Coloado Rcns l Statutes 1973, Chapter 39-26, 114 (a). exercise My rights or remedies provided herein or by law, failure to promptly notify the Sella in me event of a breach, fire mcepunce ofor payment for goods hereunder or approval ofthe design, shall not relese the Seller of Good Rcjated. GOODS REJECTED due m failurem meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchau order and shall not toe deemed a waiver of any right of the damage in transit, may be rttumed to you for credit and are norm be replaced except upon receipt of written Purchaser to insist own strict performance hereofor anyofits rights or remedies as to any such goods, wood. instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any imposed and modification or rescission of this purchase oNer by the Purchases operate as a waiver of any of the to. Inspection. GOODS arc subject to the, City of Fort Collins notation on arival. hereof. Final Acceptance. Receipt of the twrchandise, services or aluipmrnt in responre to this over can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins. However, n is to be understood Out FINAL Sella and the Purchaser rau,nim that in actual casionam practice, overcharges resulting firm antitrust ACCEPTANCE is dependent upon completion of all applicable radial inspection procedures. violations we in fact home by the Puchasm. Thenetomm, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herenner Freight Terre. Shipments ..it be F.O.B., City of Pon Collins, 700 Wond Sr, Too Collins, CO 80522, ..It. acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge ultimately, the origiwl freight purchased or acquired by the Purchosr pursuant to this purchase order. bill most accon may invoice. Additional cm,. for packing will act be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disWbuting Points in carious parts of the country, shipment is Ifthe purchaser directs the Sella m correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made form greater distance. may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure m sellers sole cost all necessary permits, renifcates and haMes required by all applicable laws, regulations, c rdiwnces and rules of the sam, municipality, temtory or Political subdivision where the work is performed, m corporal cal by my owes duly combated public authority having jurisdiction over the work of vendor. Sella further agrees 10 hold the City of Fan Collins harmless from and against ell liability and loss incurred by them by reason of an sawed in established violation of any such laws, regulmions, or fiances, roles and tafuinemcom Authodzation. All parties to this contract agree that the representatives as, in fact, bow fide and possess hall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the scow and cendidos stated herein son fort and any supplementary, or additional terms and conditions swexed hemto or incorporated herein by reference. Any additional or different terms and conditions proposM by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot take complete shipment to arrive on your promised delivery date as acted. Time is of the essence. Delivery and Performance most be effected within the time stated on the purchase under and the documents attached hereon. No acts of the practitioners including, without limimuon, acceptance ofwniul late delimnes, shall operate as is waiver of this provision. In Nc event ofmy delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clsr chom and holding the Sella liable for damages. However, lie Sella shall not be liable for damages as a result of delays due to causes out easonably foreseeable which me beyond its reasonable control and without its fault of negligence, such acts of God, acts of,nd or military malmadies, govemmenuil priorities, fires, Mikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller but received knowledge thereof. In the event of any such delay, the derto of delivery &bull be, extended for the period rywl an the time wandty lost by reason aftls delay. 3. WARRANTY. The Seller warrants that all gand, micles, materials and work covered by this order will conform with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard fm work of a omar nature. The Sella agrees an hold the purchaser harmless from My loss, damage or expense which the Purchaser may sufin or incur on acwant of Ne Seller branch of.,y. The Sella shall replace, repair m rake good, without cost in the radiation, my defects or faults snsing within one (1) year or within such longer period of time as may be prescribed by law or by the torts crony applicable warranty provided by the Sella after the date or acceptance ofthe goods famished hereunder (acceptance not to be unreosonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim amer this warranty. Except as otherwise provided in this purclus order, the Sellers liability hereunder shall extend to all damages proximally paused by the breach of MY of the foregoing wanentia or hurricanes, but such liability shall in no event include loss of profits or loss of us. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES 1N LEGAL TERMS. The Purchaser may make changes to legal terms by women change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any clunges ro m, recce. other Nan legal terra, including addition; 10 or deleaimrs form the q.titi,, origiwlly milbo d in the specifications or drawings, by verbal or written change mda. If My such change affects me amount due or the time afpedbrmanc, hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Pumbasa may at My time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or tratands then in progress provided Nat me Purchaser shall not be liable for My claims for Mticiwted profits on me mcompined portion ofthe good MNor work, for isscidenul or cansta,mi al damages, and that m such adjustment be made in favor of the Seller with respect to My good which art the Sellers standard stack. No such nomination shall relieve the Purchaser or the Seller crony of their obligatiow m m My goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin, (30) days from me date the change or nomination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants fast all good sold hertmder shall have bear produced, sold, delivered and fumshed in strict compliance with all applicable laws and regulations as which the good are subject. The Seller shall execute and deliver such documents as may be Textured to effect or evidence compliance. All laws and regulations required to be lncoryomted in agreements of this character art hereby unimpaired herein by this reference. The Sella agrees to indemnify and bold the Purchaser harmless Imm all cuts and damages surzered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due Immunda without the prior written contain ofthe other pmy. 10. TITLE. The Sella wari fall, clean and unrevuined title an to Purchaser for rill equipment mmcnals, and it. fumshed in paf icarance of this agreement, five real clean of my and all lies, restrictions, Cana coiea, security interest encumbrance and claims ofothers. The Seller shall mlium the Purchuec and its contreaoms of any tier form all liability and claims of any remit resulting from the parronnanee fsuch work_ This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oficas and employees ofsuch party. The Seller's command obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be pert eel by the Purchaser. 14. PATENTS. Whenaer the Seller is required to us any design, device, material or process covered by letter, paten, trademark or copyright, the Seller shall indemnify and save hornless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the comma, and shall indemnify the Purchaser Ibr any cos, expense or damage which it may be obliged to coy by reason of such infringement at any time during fire proxamiou or aria the completion of the work. In case said equipment, or My pan thereof or the intended use, of the goods, is in such suit held to constitute infringement and the use of said equipment or par is enjoined, the Sella shall, at its own experue and a1 its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially trial hot nminfr'nging equipment, or modify it m it bommes noninfringing. 15. INSOLVENCY. If to Seller shall become insolvent or barkrvp, rake m assignment for the beaefil of creditors, appoint e err trustee for My of the Sellers property art business, Nis oNer may forthwith he canceled by me, Purchase, without liability. 16. GOVERNING LAW. The definitions oftemts used or the interpretation idl agreement and the rights of all parties heremder shall be canmus d under and gavemed by the laws of me State of Colorado, USA. The following Additiawl Conditions apply only in cues where me Seller is to perform work hereunder, including the services of Sellers Represnuitive(s), on the premiss ofothm. IZ SELLERS RESPONSIBILITY. The Sella shall any on said work at Sellers own risk until the same is fully completed and accepted, and shall, in s of My accident, destruction or injury to the work andlor materials before Sellers final completion and acceptance, complete the work at Sellers own exparec and to the satisfaction of the Purchaser. When materials and tq.ip.M, are fumshed by others far Minimum or erection by the Sella, the Sella ahall receive, mlad More Md handle scone at the site mad become resPoaible therefor as though such nationals eni eq.,.t were being f ishad by the Sella under thv order. 18. INSURANCE. The Seller shall, at his awn expense , provide for 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, and/or to their dependants in accodance with the laws of the state in which the work is an he done. The Seller shall also carry com uchavive general liability including. but m1 limited to, contractual and automobile public liability insnrunce with bodily injury and dearh limits of at least 5300,IHp for my one Person, 5500,000 for my out accident and pmiscarry damage limit pa mcidmt of 5400,000. The Seller shall likewise ¢omit his contractors, Kerry, to provide for such compensation and income. Before My of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a ceni icaut that such compensation and insurance have been provided. Such certificates shall specify the date when such ompensation and insurance have ban provided. Such anificates shall specify the date when such compensation and insurance cxpic a. The Sella agrees flan such composition and insurance shall be mainuiined unfit after the .the work is completed Mel accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany 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 Sella will indemnify and hold hmmless the Purchaser and any in all of the Pumhxsers officers. agents and employees form and against my and all claims, losses, damages, clargea in expenses, whether direct or indical, end whether m persons or property to which the Purchaser may be put or subject by mason of my act, whoa, singled, omission or default on the not of tine Sella, my of his contractors, or my of the Sellers or comments officers, agents or employees. In cos any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees an my time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees m assume the defense hereof and to defend the same an the Sellers oxen expose, m coy My and all costs, charges, attomeys Ices and other expense, MY Mel tall judgments Oat may be incurred by or mtaNed against the Purchaser or any of its m Neu ricars, agents or employees m such suits or other proceedings, and in rase judgment or other lien b, psced train or obtained against the property ofthe Purchaser, or said parties in or as is result of such its or other proceedings. me Sella will at once cots the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety purnalloa, famish and usual all guards necessary for the prevention of accidents, comply with all laws and regulation with regaM to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and nomadism issued pursumt thereto. Rinsed 09R014