Loading...
HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9143331Fort Collins Date: 06/13/2014 Vendor: 102630 AYRES ASSOCIATES INC PO BOX 270460 FORT COLLINS CO 80527-0460 PURCHASE ORDER PO Number Page 9143331 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: 06/13/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 WO #SB-2014-4 DRY CREEK MASTER PLAN MODEL EPA SWMM CONVERSION 1 LOT LS 7084 Consulting Engineers for future W/WW R Stormwater Facilities Capital Improvements 4 P14 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 23,770.00 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. COMMERCIALDEFAU-S. Tax cand io e. By statute the Ciry, of Fort Callim is exempt from stareand! Iwal taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sternum 1973. Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in council, maybe dtumcd to you for credit and are not to be replaced except upon receipt of wnna instructions from the City of Fall Collins. Inspection. GOODS are subject to the City of Fiat Collins inspection an arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in wthmited payment on the pan of the City of pan Collins. However, it is to be undasamd Ihm FINAL ACCEPTANCE is dependent upon mmpldion of al I applicable required inspection procedures. Freight Terms. Shipments most be FOB., City of pan Collins, 700 Wood St, Too Collins, CO 80522, unless Otherwise specified oa this older. If permission is given to prepay freight and charge separately, fe original freight bill ..it mcomnanv invoice. Additional charges for backin. will not be acepted. Shipment Distance. Afore manufazmrers have distributing pints in confic, pans of the country, shipment is expected from the names, dammiu or pint to destimlion, nod excess freight will be deluded floor Immin when shipments me trade floor greater distance. Permits. Seller shall Is. al sellers sole cost all no., p.its, dr ifiaces and licenses raluired by fill applicable laws. regulations, oldiianees and roles of the state, municipality, terriary or political subdivision when ,he work is performed, or required by any he, duly monsoonal public aurhmry having jurisdiction over the work of vendor. Sella further agrees to bald the City of Fort Collins hamdas from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract in that the reprcsentmives are, in fact, bona fit, and Pa.. full vad f and¢ authority to bind said parties. LI M I'I'A PION OF TERMS. This Pardon Order expressly limits acceptance to the terms and conditions staled herein set torn and any supplementary or additional tame and conditions annexed hereto or incorporated herein by reference. Any additional or differentter s and conditions proposed by seller are objected to and hereby atered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you wnno, make complete shipment to arrive on your promised delivery date is timed. Time is of the essence. Delivery and Performance must be d fte ed within fc time stated on the purchase order mad the documents attached hereto. No acts of the Purchasers including, without limitation. acceptance ofpanial late deliveries, shall operant as a waiver ofthis provision. In the ,at dany delay. the Puahmer shall have, in addition to other legal and equitable camellia. the option of,daring this order elsewhere and bolding the Sella liable for damega. However, fie Sella shall owl be liable for damage as a at of delays due to carries last reasonably medicable which are beyond its favorable control and without is fault of negligence, such acts of God, acts ofeivil or military anthorities, governmental priorities, lard, strikes, Bond, epidemics, wan or dons provided that card, of the conditions causing such delay is given to the Purchaser within five (5) days or fie time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the pored and to the time actually Im, by rcamn of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards far work of a 'miles nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may scatter or at,., on account of the Sell,. breach of warranty. The Seller shall replace, repair or make good, without met to the pmchmer, any defects or faults wising within one (1) year Or within such longer period of time in may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of fie goods burnished hereunder (acepmnce not to be cauderably delayed), resulting form imperfect or defective work done or rra,mak famished by fie Seller. Acceptance at use of good by the Pumhawr shall not constitute a waiver of any claim under fie warranty. Except m ofawise provided in this gmdx. olds, the Sellers liability inelastic shall extend to all damages proximately fused by the breach of any of fie foagoing warranties in guarantees, but such liability shall in no event include loss of pmft or loss of use. NO IMPLIED WARRANTY OR M ERCHANI'ADILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes a legal terns by wTlnen change older. 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes or the terms, Other than legal terms, including additions to or deletions tram the qu intif,, dt,u filly ordered in the smaificatims or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfonnana hereunder, an equitable adjustrodu shall be mmde. 6. TERMINATIONS. The Purchaser may at any, rime by written change did, terminate this agreement as to any or all pinions of be good then not shipped, subject to any aloiable adjustment between the panda as to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted Anion of the goods ardor work, for incidental or wmryuemlal damages, and that no such sf fignm n be made in favor of the Seller with taped, a any guad which art the Sell. standard stock. No such tetmimtlon dull relive the Purchaser or the Sella of any afthef obligations as to any goods delivered hmunder. T. CLAIMS FOR ADJUSTMENT. A, claim for adjnstmen, must be asserted within Piny (30) days from fie date fie change of temialion is ordedJ. 8. COMPLIANCE WITH LAW. The Seller winters that all goad sold hereumder shall have ban produced, sold delivered and famished in strict compliance with all applicable laws and regulations to which the guards, are subject The Seller shall execute and deliver such documents ns maybe required to effector evidence compliance. All laws and regulations required to be incorporated in agreements of this charader are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser haarlds from all costs and damages suffered by the Purchaser or a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this older, or any monies due or to become due hmwdd without the prior action moment of the afar parry. Ice. TITLE. The Sella worouna full, clear and unres,icred title m the Purchaser for all affiliated. materials, and itans famished in performance of fie agreement, fee and dear of any and all liens, astricrions, rdervatiam, security added eaumbraaca and cfaims ofodri s, 11. NONWAIVER. Failure of the Purchaser to insist upon sme, performance c ffe at. and conditions beauL fad]. or delay a exercise any rights or carm dies provided herein at by law, failure to Promptly luxury the Seller in the event of a bleach, ,he sceptre, arm payment for goals he —mftr tar approval arts, design, shall not release the Seller of any of the warrwties or obligations of this purchase mcid and shall not be devoted a waiver of any right of the purchaser to insist upon said performance harbor or any of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as b any prior or subsequent default hereunder, nor shall any pury rrat oral modification or rescission of this purchase older by the Purchaser operate as a waiver of any of the terms harbor. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact come by the Purchaser. Thereto!ore, for good cause and as consideration for executing this purchase older, the Seller hereby msigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or slate antitrust taus for such overcharges relating to the particular goods or services purchased or squired by the Purchaser pursuant to this purchase and. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purclsmer directs the Seller or comet concentrating or defective gOcd by a date to be agreed upon by the Purchaser and the Sella, anJ the Seller matcher indicates its inability Or unwillingness as comply, the Purchaser may cause the work m be pafomM by the most expeditious means available a u, and the Seller shall pay all casts associated wild such walk. The Sella shall release the Purchaser and it c rfir cars of any net farm all liability and claims of any nawre resulting fmm the perfomance french work. This release shall apply even in the event of fault of negligence of the party fick mad and shall extend a fie director, ofrds and employees afsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is immaned or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, round or process covered by Idler, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the ace of such patented design, device, material or pounds in connection with the contract, and shall indemnify the Purchaser far any cost, expense or damage which it maybe obliged or pay by reason of such infringement at any time during the prosecution or after fie completion of the work. In case said equipment or any Pert Pant or the imetided use of the good, is in such suit held to consritme infringement and Bre use of said equipment or part is ajoined, the Seller shall, in its own expense and at its option. either procure for the Purchaser the right a continue using mid ceiuipmenl or pats, replace the same with substantially equal but noninfringing yuipmant or modify it so it becomes rmninGuging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an component ent for the befefmt of creditors, appoint a receiver or rmtee tfor any of the Sellers property or business. this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions off. ad or the interpretation of the agreement and the fights craft parties hereunder shall be onstmed under and govemed by the laws offle Stale of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to Perform work hereunder, including the services oNellear Represenalivr.(s), on fe premises of others. Il. SELLERS RESPONSIBILITY. The Seller shall any on said work at Scllcls own risk until the same is rally completed and accepted, and shall, in wee of any accident, destruction or injury to the work and/or mmem ils before Sellers Real completion and aceptance, complete the work at Sella's own expense and to the satisfaction of the purchaser. When matmals and equipment aft f ished by others for installation or =than by fie Sella the Sella shall receive, ualmd, stare and handle come at the site anal became responsible therefor as though such mmmals and/or aluipment were be, finished by the Seller order fe made, 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers confirmation, including Occupational disease benefits, to it employees employed on or in connection with fie work covered by this purchase cold, andtor to their dependence in accordance with the laws of the sate in which the walk is In be done. The Seller shall also carry comprehensive general liability including, but not limited to, con ¢actual and automobile public liability insumnce with bodily injury, and death limits of at least S300,000 for any one person. E51111,000 Ibr any accidentone and properly change limit per accident of $400,000. The Seller shall likewise not his amrdua, if any, to provide for such compensation and in e. Before any of the Selina or his contractors emplayas shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and ins ran a have been provided. Such certificates shall modify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expirca. The Sella agrees that such mmpenmtion and memories shall be maintained until after the cache walk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sources the entire rbspmsibili,y end liability for any and all damage. loss or injury army kind in nature whatsoever to persons or property caused by or resulting fmm fie execution of file work provided for in this purchase older or in dominant herewith. The Sella will iM=ify and hold harmless the Purchaser and any or all of dd Purchasers officers, agents and employees fmm and against any and all claims. losses, damages. choral or expenses, whetber direct or indirect and whether an Persons or Fairway No which the Purchaser may be put or subject by mama of any act, action, neglect. omission or default em the pan of the Seller, any of his contractors, or any of the Sellers or commercial officers, agents in employees. In case any suit or other proceedings shall be brought alo ies, he Purchaser, or its mflut agents a employees in any time on amount or by reamn of any at, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees in and mid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cost, charges, anomeya fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofdia, agent or atiplcyed in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the plopeny of the Purchaser, or mid parties in or m a result of such suits ar other proceedings, the Seller will at once came the same m be dissolved and devastated by giving bond or otherwise. The Seller and his contractors shall take all safety Precautions, furbish and install all guard na eery for the prevention of accidents, comply wake all laws and agulatiom with regard a safety including, but without limitation, the Occupational Safety and Half Act of 1970 and all roles and regulations issued pursuant fcreto. Revised 03CO10