Loading...
HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9120833PURCHASE ORDER PO Number Page City of 9120833 ' of z ' `t Collinshis number must appear " 1 ' on all invoices, packing slips and labels. Date: 02/08/2012 Vendor: 102630 Ship To: WATER UTILITIES AYRES ASSOCIATES INC CITY OF FORT COLLINS PO BOX 270460 700 WOOD ST FORT COLLINS Colorado 80527-0460 FORT COLLINS Colorado 80521 Delivery Date: 02/08/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Wastewater Collection System 1 LOT EA 80,728.10 Inflow and Infiltration Study 2 Wastewater Collection System 1 LOT EA 89,997.90 Inflow and Infiltration Study Total $170,726.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11 NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict peffomanee ofthe toms and conditions hcrcof, failure or delay to Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exercise any rights or remedies provided herein or by law, failure toro promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be renamed to you for credit and arc not to be replaced except upon receipt of written purcha cr to insist upon strict performance hemefor any of its rights or rcmcdics as to any such grads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported end modification or rescission of this purchase order by the Purchaser operate As a waiver of any of the farms Inspection. GOODS arc subject to the City of Fan Collins inspection on arrival. hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in respomse to this order can result in 12, ASSIGNMENT OP ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. Howxscr. it is to be understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharge.' resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdorcs. violations arc in fact borne by the Pumhascr. Theretofore, for good cause and as consideration for executing this pmrehase onlcr, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mart be F.O.B.. City of Tom Collins. 700 Wood St.. Fen Collins. CO 80522. unless Acquired under federal or state antitrust laws for such overcharges rclming to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pumhascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser dimets the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made firm greater distance. may cause the work to be performed by the most expeditious means Available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary Permits. certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political subdivision where the work is perfumed, ar required by any other duly constituted public authority having jurisdiction nver the work of vendor. Seller farther agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established vinlation of any such laws, regulations, onlinanecs, roles and requirement'. Authorization. All panic' to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the Tcros and conditions stated herein set Roth and any supplementary or additional terms and conditions anncxcd hereto or incorporated hcrcin by reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby rcjcctN. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmised delivery date As need. Time is ofthe essence. Delivery and pMomonce must be effected wilhim the time stated on the purchase order and the documents anxched hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event ofnny delay. the Pumhaser shall have, in addition to other legal and equitable mmedics, the option of placing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable fro damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without it' fault ofncgligcncc, such acts ofGrd, acts ofcivil or military authorities, governmental priorities, rims. strikes. Bad, epidemics woos 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 first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller wmounts that all good', articles, materials and work covered by this order will conform with applicable draw-ings. specifications, samples and/or ether descriptions given, will he fit for the ryupases intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Scllct agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach ofwamnty. 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 he prescribed by law or by the tans crony applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Puumhamr shall not constitute a waiver of any claim under this vo mnty. Except as mlicnwisc provided in this purchase order. the Sellers liabilty hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammics or guarantees, but such liability shall in no event include loss of profits er loss of use. NO I PI,I ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhascr may make changes to legal tans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhascr may make any changes to the terms, other than legal terms, including additions to or deletions fmm the quamitics originally ordc¢d in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomrancc hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, letro natc this agreement as to any or all portinns of the goods then not shipped, subject to any equitable adjustment bcnvan the panics as to any work or materials then in progress pmvided that the Pumhascr shall not be liable for any claims for anticipated petits on the uncompleted potion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor ofthe Seller with respect to any good which arc the Scllcrs standard stock. No such Icmtination shall relieve the Purchaser or the Seiler of any of their obligations as to any goals dcIn 'red hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be Asserted within thirty (30) days fmm the date the change or terrommion is nrdcmd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pmduccd, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents As may be required to effect or evidence compliance. All laws and regulations Acquired to be incorporated in agreements of this character are hereby incorporated hcrcin by this rcfcrcnce. The Seller agrees to indemnify and hold the Purchaser hamlem from all costs and damages suffered by the Pumhascr 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 withnal life prior written consent of the other parry. 10, TITLE. The Seller wamnts full, clear and unresinewd title to the Pumhascr for all equipment matcrinls, and items furnished in perfomanec of this agreement. free and clear of any and all liens, restrictions, reservations security interest encumbrances and claims of athers. The Seller shall release the Prtmhaacr and its contractors of any tier fmm all liability and claims of any nature resulting from the perfammnce of Auch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Seller's eontmctunl obligations, including wamnry. shall not be deemed to be reduced, in any way, because such work is perfomrcd or caused to be perforated by the Purchaser. 14. PATIENTS. Whenever the Seller is required to use any design, device, material or process covered by Icneq patent. Amdemauk or copyright, the Scllcr shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such Interned design, device, material or pmccss in connection with the contract, and shall indemnify the Pumhascr for Any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of slid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmeure for the Pumhascr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfrfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a waiver or trustee for any of the Sellers property, or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall panics hacander shall be construed under and gavemcd by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Repmsentntiec(s), an the promises ofnthcm. 17. SELLERS RF_SPONSIBILITY. The Scllcr shall carry on slid work at Seller's own risk until the lime is fully completed and accepted, and shall, in case of any accident, desimction or injury in the work and/or materials before Seller's final completion and ncceptancc, complete the work at Seller's awn expease and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Sellee the Seller shall receive, unload. store and handle same it the site and become responsible thcmfor as though such materials and/or equipment were being famished by the Seller under the order. I R. INSURANCE The Seller shall, at his am expense. provide for the payment of workers compensation, including occupational disease bens Ns, to its employees employed on or in connection with the work enured by this purchase order. and/or in their dependents in accordance with the laws of the state in which the work is to he done. The Scllcr shall also tarty comprehensive general liability including, but not limited to, conmctnal and automobile public Iiabil ity insurnna .with bodily injury And death limits of at (cast S3W.000 for any one person. S500.001) for any one accident and property damage limit per accident of S400,000. The Seller shall likewise rcquim his ennuncmrs, if any, to provide for such compensation and insurance. Before any of the sellers or his contractors employees shall do any work neon the premises ofolhers, the Seller shall famish the Pumhascr with a certificate Ibnt such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurnncc have been pmvided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such conipensmion and insmnna shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby Ac umcs the entire responsibility and liability for any and all damage, loss or injury crane kind or nature whatsoever to persons or properly caused by or resulting from the execution nfthe work pmvided fro in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmics the Pumhascr and any or all of the Purchasers officers, Agents mad employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmpcty to which the Pumhascr may be pat or subject by reason of any act, action, neglect. omission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or ether procccdings shall be brought against the Purchaser, or its offices, agents or employees at any time on Account or by reason of any act, action, ncglccl, omission or default of the Scllct ofnny of his contractors or any of its or their of➢ecm. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomcys fees and other expenses, any and fit judgments that may be incurred by or oblAined against the Purchaser or any of its or their officers, agents or employees in Bach suits or other procccdings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser. or said panics in or as a result of such suits or other proceeding'. the Seller will at once cause the same to be dissoh'ed and discharged by giving bond or otherwise. The Seller and his contnetars shill lake all safety precautions furnish And install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Rcviscd 03/2010