Loading...
HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9103079Date: 6/10/2010 City of art Collins Page Number: 1 Purchase Order Number: 9103079 Delivery Date: 6/10/2010 Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Oty/Units Description Extended Price 1 1 LOT 47,300.00 Downtown River District Utilities Improvements 2 1 LOT 49,420.00 Downtown River District Utilities Improvements 3 1 LOT 87,480.00 Downtown River District Utilities Improvements Total This order is riaaalid over $5000 unless signed by James B. O'Neill ll, CPPO 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 $184,200.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1_ COMMERCIALDETAILS. Tax exemptions. By statute the City of Port Collins is exempt firm mile and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemmtion Cenificzle of Registry 84-6000580 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may bu returned to you for credit and are not to be replaced except upon receipt of written instructions from the City Of Fort Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt ofthe mereM1andise, services or compound in response to thin order can result in authorized payment on the Pan of the City of Fort Collins. However, it s to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tema. Shipments limit be F.O.B., City Of Fwt Collins, 700 Wood Sr, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original ficight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points N various parts ofthe country, shipment is expected firm the nearest distribution point to destination, and excess height will be deducted firm Invoice when smartens Ye made Rom power distance. Permits . Sella shall procure A sellers sole cost all necessary permits, certificates and licenses required by all apphcable laws, regulations, Ordinances aid rules of the state, municipality, territory 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 Fort Collis hemdas farm and against all liability and loss incurred by them by reason of an warned or established violation of my such laws, regulations, ordinances, rules and requirements. Authorimtion. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and moment andmity to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditiosslnledhnein set roan and any supplementary or additional terms andconditions annexed hereto orincormansted cein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data as noted. Time is oftbe essence. Delivery and perforance at be effaced within the time sited On the purchase order and the documents dumbed hereto. No acts of the Purchaew including, without limitation, acceptance oflrmand late deliveries, shall Weite as a waiver ofths provision. In the event ofrrydelay, the Purchaser shall have, in addsion to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a mull of delays due no causes not reasonably fomemble which are beyond its reasonable control and without its faulturegligene, suchuts of God, acts of civil or military authorities, govermrcntal priorities, fires, strikes, Flood epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event Ofany such delay, the date ofdelivery shall be extended for the period equal to 0e time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, maeil s and work covered by this order will conform with applicable drawings, specifications, sanmles and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in concordance with accepted standards for work ofa similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may ofF or car on account of the Sellers breach ofwaranty. The Seller hall optima, repair ar make good, without at to the purchase, any defects or faults wising within one (1) year or within such longer period oftime as may ire macri by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods furnished hereunder (acceptance not to be unseasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase Drill, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by writer change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser maymake unychanges to thetern, other then legal tens, including additions to or deletions fromthe quantum normally ordered m the specifications or dmwmgs, by verbal or written chug order . If any such change aliens the amount due or the time ofpafomrance hereunder, an equitable adjustment shall be made. A TERMINATIONS. The Purchasernayatanytime scorner changeorder,tweed the this agrectoma to any wallportions in progress than not shipped, subject to any equitable adjustment between the panics d to any work uncon lleftas then in progress Provided that the Purchaser shall not oliable for any clans for anticipatedprofits onthe u, mado mtlavorofthe hofthe goods p=towk,forincidentalo ho S,Illrnt damages, and No such adjustment relieve the Purchaser Seller with respect to any goods which arc the Sellers aandard crock. No such combustion shall relieve the Purchaser or the Seller of any Ofturr obligations asto any goods delivered hereunder. 7, CLAIMS FOR ADJUSTMENT. Any claini adjustment most he asserted within thirty (30) days fiom the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller winos that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods aresubject The Seller shallexecute aaddeliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmers from all costs and darrages suffered 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 any monies due or to become due hereunder without the poor written consent ofthe other party. 10. TITLE. The Seller warrants full, dear and unrestricted title to the Purchaser for all equipment, materials, end items fiunshed in performance of this agreement, bee and clear of wry and all liens, restrictions, nervations, security interest encumbrances and claims ofothers. I I. NONWAIVER. Failure of the Purchaser to insist upon strict Performance of the terra and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event ofa breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller ofany ofthe warranties or obligations ofthis purchase order and shall not be declined a waiver Ofuny right oftbe purchaser to cast Upon strict performance hereof or my of is rights or remedies w to any such goods, regardless of when shipped, received or accepted, a many prior or subsequent default hereunder, mr shall any purported oral modification or rescission of this purchase order by the Purchaser operate w a waiver of any of the terra hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, 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 hereafter acquired under federal or state annowt laws for such ovachages relating m the particular goods or services purchased or acquired by the Patch. 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 robe agreed upon by the Purchau andthe Salle, andthe Sellerthumb r indicates its inabiliryor unwillingness to comply, the Purchasertsy, cause the work to ad performed by the most expeditious near available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors manytier from all liability and claims ofany nature resulting from the performance ofsuch work. This release shall apply even in the event of fault ofneglignme, ofthe party released and shall extend to the directors, onicea and employees of such party. The Seller's commctual obligations, including warranty, shall not be deemed to be reduced in anyway, because such work is performed or caused to be performed by the Purchaser. I4. PATENTS. Iona ig t, the Seller srequiredniusecoyceharmless arm, the material r process coveredbyletfor, pannetidemarkor crpyriwe the Sellershalldwi,wdandsave harmerthe Purchaser fromanyand all clamsfarindshalmndensent 1, the on oftheuse oor an patenteddesign, device, materials process in connectionwith the comractandshallnt atm mime Purchaser for our cast, rafter the damage which k maybe obliged said pay ip mentor ofsuch a then ernenthe anytime during the pods, initration Drafterthecompletion uteofthe inwork In ewes aid equuseof aid orallypan or allfis theintenWW use erofthe goads, is w such suit held to constitute ieithererrment and the use of said equipment Or all is enjoined the Seller ent at its own expense and at its option, either procure for the Purchases the rigor to continue using said equipment Orpans, replace the same with substantially equal but non -infringing equipmcnq or modify it so itbecomes non-infiinging 15. INSOLVENCY. lithe Seller shall become insolvent or bankrpl, make an assignment for the benefit oferedkors, appoint arecciveror trustee for any of the Sellers Property Or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers gapmentutiveb), on the premises of others. 17. SELLERS RESPONSIBILITY_ The Seller shall tarty on said work a Seller's own risk until the same is fully conmleted and accepted, and shall, incase of my accident, destruction Or injury to the work andoor materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. Whentnatmals and equipmmmare famished by others for installation or creation by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such materials anNor equipment were being fumisbed by the SeOar under the order. 19_ INSURANCE The Seller shall, at his own expense, provide for the payment ofworlow compensation, includvngoccupaionaleiseas benefits, to its mr loyees employed on or in connection with the work covered by this purchase order, and/or to then dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cony comprehensive general liability alluding. but not limited to, contractual and automobile public liability inumrce with buddy injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident Of $400,000. The Seller shall likewise require his contractors, 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 ofothers, the Seller shall fumsh the Purchaser with acertificale that such compensation and insurance have Seen provided. Such certificates shall specify the dale when such compensation and insurance have her provided. Such wrtificates 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 cmrmined and accepted. 19_ PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire nponsibibity and liability for my and all damage low 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 Purchaser and any or all of the Purchasers officers, agents and employees firm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser nay be put or subject by reason of my set, action, neglect, omssion Or default on the pan ofthe Seller, any of his contractors, or my ofthe Sellers orconsraffle Officers,agentsoremplain Incaseanysuitorotherproceedings shallbebroughtaganssthe Pmcha It or its Seller o agents his contract at any mime on nouns orbyreaag ofany em action, mgkd said, ion the or Seller of she Seller as any of his Tense drew tf any of its or their officers, agents or can expense, e, aforesaid, add Seller hereby agrees to asume she defense expenses, my deferjudg sweat the Sellers own expense, to pay dry and all casts, charges, my of andmays foes and other expenses, any and eall mployees an such that maybe incurredbyoroMamdim caat se the Purchaser he any of pl or their officers, agents or e�prope ty such suns or ocher pmccannes m and or ewe judgment or other lien Ed plseedupon oroerwill t once tthe ethe sa etoh Purchases,Orsaidparityinrrasamdt ofsuchsuits orhe aprocee hiss the Seller will atone causethesameto bedissolved install poodbygiagany or th otherwise.The Sellerand his mplmcrorsshallsake all safety Precautions, fianeh and installallguards necwithout the prevention of accidents, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Svhry and Health Am of 1990 end all rla and regulations issued pursuant [hereto_ Revised 0312010