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HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9143331 (3)PO PURCHASE ORDER 9143331 Page City of PURCHASE 43331 ' of z Flirt Collins/ his number must appear .V`I ` V " 1 1 on all invoices, packing sli s and labels. Date: 06/13/2014 Vendor: 102630 Ship To: WATER UTILITIES AYRES ASSOCIATES INC CITY OF FORT COLLINS PO BOX 270460 700 WOOD ST FORT COLLINS CO 80527-0460 FORT COLLINS CO 80521 Delivery Date: 06/13/2014 Buyer: PAT JOHNSON N ote: Line Description Quantity UOM Unit Price Extended Ordered Price WO #SB-2014-4 DRY CREEK MASTER 1 LOT LS 23,770.00 PLAN MODEL EPA SWMM CONVERSION 7084 Consulting Engineers for future W/WW & Stormwater Facilities Capital Improvements Total $23.770.00 Invoice Address: 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 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 Ordgr Tgniffs and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER. 98-W502. Federal Excise Tax Exemption Certificate of Registry 84-60W587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denva, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the accmtance ofor payment for goods hcreunder or approval of the design, shall tent release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall trot be demand a waiver of any right of the damage in tmmit may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser Or insist upon strict perfamance hereofor any of its rights or remedies as to any such guods, regardleas instructions fora the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am[ roodificmiad or rescission of this pgmhau order by the Purchaser operate m a waiver of my of the terms Inspection. GOODS are subject o the City of Fon Collins inspection on amvid. hereof. Final Acceptance. Receipt of the merchandise, services fir cquipmmt in reapatse to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authofired payment oa the pan of the City of Fort Collins. Hmeeved it is to be understood that FINAL Seller and the Purchaser remparim that in actual sconfifific practice, overcharges molting from anmnst ACCEPTANCE is dependent upon completion craft applicable required inspection pmcdmics. violations are infer home bythe Producer. Theretofore.for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may, raw have or hereafter Freight Term. Shipments rater te F.OD., City of Fort Collins, 200 Wood Sr, Fort Collins, CO 80522, unless acquired numer federal of state antitrust laws for such overcharges relating to the particular goods or services otherwise specified as this order. If permission 6 given to prepay freight and charge separately, the original freight purchased or acquuM by the Purchase pursuant to this Purchase order. bill court accompany invoice. Additional charges far packing will we be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufumrers have distributing points in various pans of the country, shipment is If the Purchaser, directs the Seller to am, oonconf ing or defective goods by a date lm be agreed upon bythe expected fmm the nearest distribution point to datiwtion, and excess freight will be deducted Wm Invoice when Purchwer and the Sella, and the Seller thereafter indicates its M1abiliry or unwillingness to comply. the Purchaser shipments are made from greater distance may cause the work to be performed by the moot expeditions mean, available to it, and the Seller shall pay all costs associated with such work. Permit. Seller shall Income at sellers Is cost all necessary Partin. cenifate and license required by all applicable lases, regulmiom, ordinances and miss of the state, municipality, temmry or political subdivision where the work is perforated, or required by any other duly eanstimted public authority havingjurialiction over the work of vendor Seller further agree, to had the City of Fort Collins harmless from and against all liability and loss moo d by them by reawn of an examal Or established violation of any such laws, regulations, ordinances, rates and riuinemcna. Awhonvetion. All at. to this contract agree that the 11m.nmliv. art, in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly flails acceptance to the terms and conditions stated herein act forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENIimmaliamly ifyau cannot make complete shipment to arrive on your promised delivery dam as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and al mble remalies, the option afflicting this order elsewhere and holding the Seller liable fur damage. However, the Seller shall net be liable for damages as a result of delays due to causes not reasombly forescrable which are beyond its reasonable control and without its fault of negligence, such acts official, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is area 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 ial to the time mostly lost by reason ofthe 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 purryuses intended, and perforated with the highest degree of care and competence in aceurdunee with accepted standards for work of u similar nature. The Seller agrees to hold the purchaser humless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair a, make Road, without cast to the purchaser, any defects or fulls arising within one (I) year or within such longer period of time as may be presented by law or by the terns many applicable warranty provided by the Seller after the dale of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage proximately caused by the breach of any of the foregoing warranties or Romances, but such liability shall in no event include lass of pmfils or loss of ac. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by worn change order. S. CHANGES IN COMMERCIAL TERMS. The Farmhouses my make any changes to the lama, other than legal terms, including additions to or deletions from the quantities originally ordered in the speci features or drawings, by verbal or written change order. If any such change atTects the amount due or the time ofperfonmance hemunder, an equitable edjastment shall be made. 6.1FERMINATIONS. The pmeftem, nay at any time by written change aide,, termincm this agreement as to any or all poniom of the guad then cat shipped, subject to any equitable adjustment between the panic as to any work ce materials rhea in program provided that the Purchaser shall rent be liable for any claims for anticipated profim on the morametal ponies of the good mdJOw work, for incidental or con ape ntlal damages, and Nal no such adjusunent be made N favor of the Seller with respect to any goods which art the Sella sandard stuck. No such ..auto. shall relieve the Purchaser or the Seller of any oftheir obligations " to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjmanem must be asserted within thirty (30) days from the dam the change Or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant, that all goods sold hereunder shall have been produced, sold, delivered and Enmeshed in strict compliance with all applicable laws and regulations to which the good sre subject. The Seller shall execute and deliver such documents aw may be required. effect on evidence compliance. All faces and regulations riuiral Or be incorporated in agmements of this character art hereby incotiomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damagnis 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 prior written commit of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all c lulpmml, materials, and Items furnished in performance of this agreement free and clear of any and all Ilea, restrictions, reservations, security interest encumbrances and claims oforhen. The Seller shall release the Pmchazer and its mnuacmrs of any tier fmm all liability and claims of my m ure resulting fmm the performance ofsuch work. This mlcmm shall apply even in the went of fault of negligence of the party relaxed and shall extend to the directors, officers and employees ofsuch parry. The Sellers committed Obligations, including wamnty, shall not be deemed to be refusal, in any way, because such work is perfumed or rattled to be perfumed by the Extortioner. 14. PATENTS. Whenever the Sella is riuired to use any design, device, material or process coveral by lamer patent. trademark or copyrigh4 the Seller shall indemnify and save harmless the Purchaser fmm any and ell Grim, for infnngemem by reason of the use of such patented design, device, material or process in connection with the contract, and shall understudy the Purchaser for any cos, expose or damage which it may be obligal to pay by reason of such infringement at any time during the pro mation or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said iuipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said iuipment or parts, replace the same with substantially equal but nnninfn-nging equipment or modify it so it becomes naninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a posiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defrritiom ofrems used or the interpretation of the agreement and the rights of fill parties hereunder shall be construed under and governed by the laws ofthe Stain of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, indading the services of Seller Reprear move(,), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cane on said work at Sella s own risk until the same is fully completed and accepted, and shall, in ass of any accident destruction or injury to the work andor mammals before Sellers foal complain. and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. Men materials and iuipmenl we furnished by others for installation or claction by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being broached by the Seller under the aide, 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers eompaesrion, including occupational disease be ctis, to its employees employed on or in connection with the work covered by this purchase orded and/or to their depade ms in accordance with the laws of the suite in which the work is to be done. The Seller shall also awry comprehensive gmeral liability including, bar not limited to, contractual and automobile public liability inawence with bodily injury and death ],aria of an Inow S30o.Ono fen any one person, Siff," for any one accident W pmpmy damage limit per accident of S400000. The Sella shall likewise require his tractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his com unite employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such conspensfificari and insumance have been povided. Such ceniftcates shall specify the data when such mmpmsation and insurance have been providal. Such certificates shall specify the date when such compensation rust insurance expim. The Seller agree that such mmpemadon and me.c shall te mainuined until Offer the entire week c completed must accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire mponsibility, and liability for any and all damage, loss Or injury ofany kind or ature whmsoe a m persons or property armed by or mudding from the execution oftbe work provided for in this purchase and, Or in connection herewith. The Sena wilt indemnify and held Formless the Pumcheser and my r all of the Purchasers oRcers, agents and employees fmm aed against any and all claims. losses, damages, charges or expenses, whether direct or indirect and whether to persons or property, to which the Purchaser may be put or subject by realm of any act action, aridect, omission or default on the pan of the Sella, any of he contractors, or any, of the Sellers or contractors officers, agents or employs. In case any suit or other proceedings than be brought against the Purchase, no its officers, agents or employees at any time con, account or by reason of any act whom, neglect, omission Or default of the Seller of any of his contractors or any of its or thew officers, agents or employees as aforesaid the Seller bereby agrees to assume the defame thereof and or defend the sanme at the Sellers own expense, to pay any, and dl wits. <mi atloni fees and order expenses, any and all judgments man may be incur by or etbuiinal against the Purchaser or any of its or their officers, agents cr employees in such suits or other pacetdings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or m a result of such suits or other proceedings, the Seller will an once case the same to be dissolved and dichargal by giving bond or whervise. The Seller and his contractors shall take all safety precautions, furnish and install all girds ncdasary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 add all rates and regulations issued pursuant thereto. Revised 032010