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HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9145982PO PURCHASE ORDER 914598er Page C117/ of PURCHASE 9145982 1.12 ' `t( o I I Ms This number must appear ` v "' t on all invoices, packing sli s and labels. Date: 10/14/2014 Vendor: 102630 AYRES ASSOCIATES INC 3665 JFK PARKWAY BLDG 2 SUITE 200 FORT COLLINS CO 80525-3152 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/14/2014 Buyer: PAT JOHNSON Note: Line Description "1tl1"`y UOM Unit Price cxcenueu Ordered Price 1 CONSTRUCTION CONTRACTS 1 LOT LS 20,000.00 WTF SOLIDS CONTAINMENT BERMS 7084 Consulting Engineers for W, WW 8 Stormwater Facilities Capital Improvements 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 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from smite and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Excavation Certificate of Registry g4-6odo5g7 is m,poaN with the Collector of Failure of the Purchaser to insist upon small perfomrance of the terms ad conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Summers 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure an promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval afthe design, shall not release the Seller of Goods Rejected. GOODS REJECl'ED due to failure to meet speci Oration, either when shipped or doe to defects of any Of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retained to you for credit and are not to be replaced except upon receipt of wrinen Purchaseno insist up on most performance hereof or my of its rights or remedies to any such goods, regardless transactions from the City of End Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this pi rehare order by the Purchaser operate as a waiver of any of the teams Dispensary GOODS are subject to the City of Fort Collins impaction on arrival. hereof. Earn) Acceptance. Receipt of the merclandiw, services or equipment in response to this order can retch in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Purchaser raognize that in actual « wm praes ctice, overcharges; resulting from antitrust ACCEPTANCEis dependent uponmmpletionofall a pplicablerequired inspection procedures. violations are in fact home by due purchaser. Themo6renfr good cause add as comidemtion for overwind this purchase offer, the Seller hereby assigns to the Puehaser any and all claims it may now have or hereafter Freight Tens¢. Shipments must fie P.O.B., City of Fan Collins, 90d) Wood St., Find Collins, CO 80522, unless acquired under (Neal or some antitrust laws for such overcharges relating to the particular goods or services olherwim specified on this order. If pnmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser parsuant to this purchase order. bill must accommav invoice. Additional charges for Decking will not be accepted Shipment Distance. Me,manufacture. have distributing points in s pans of the country, shipment is exporten d from the earest distribution pain, m destination, and excess freight will be deducted from Invoice when shipments are made from gamer distance. Pmnits. Sella shall p.am at sellers sole cost all naessary permit, emigrates and licenses moulted by all applicable laves, regulations, ordinances and rules of the stem, municipality, mrdmry or poliliad subdivision where the work is performed, or capital by any other duly constituted public authority having jurisdiction over the work Of vendor. Seller fabler agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reasan of an asserted or established violation of any such laws, regulations, ordinances, miles and nNuirearans. Authorization. All parries to this contract agree that the represnu'atives are, in fact, bona file and passe.,i full snit Lmplete authority to bind said panics. IMITATION OF PERMS. 'this Pw,laam Order expressly limits acceptance to list mom it conditions stated herein set own and any supplementary or additional terms and conditions annexed hereto or incarpormed herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna, make complete shipment 10 arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most N ablated within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as n waiver nights provision. In the event of any delay, the Purchaser shall have, in addition m Other legal and equitable remedies, the option of, locing this order elsewhere and holding the Seller liable for damages. However, the Seller shall oar be liable for damages as a result of delays due N causes an, maim ubly foreseeable which are beyond its rcmunahle control and without its fault ofnellhim ee, such acts Offing, acts of civil or military aulhondies, governmental priorities, fires, strike, flood, epidemics, wars or riots provided that notice of the conditions ceasing such delay is given 10 the Purchaser within five (5) days .[the time when rise Seller Best received knowledge thecef. In the event of any such delay, the date of delivery shall be exmndN far the penN equal m the time actually lost by reason right, delay. 3. WARRANTY. The Seller warms that all good, articles, nationals and work covered by this order will conform with applicable drawings, specdfcwtion, samples andlor other descriptions given, will be fit for the purposes itnendN, and performed with the highest degree of care and competence in accordance with accepted standards for work of a si miler nature. The Seller agrees to hold the purchaser boreal... from any lot, damage or expense which the Purchaser amifl may soRa or incur on r, it, of the Sellers breach of warranty, in one The Selyear or shallwith replace, repair err make good without Cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time ta maybe prescribed by law or by the Nrrns of any applicable warranty provided ed the Seller one, the p re of acceptancefativ of the goads famished hefcunalu (mceptuae not to a tance or uey delayed), rehashing (ram imperfect or defective ware done or lain and f is wo by mathe Seller. Acceptance or use of goads pas the a Purchaser shall not liability item a waiver of any claim to damages is ge proximately Except caused otherwise provided in this purcM1au order, ghe Sellers liability hereunder shall extend s all damages proximately ofve by the breach of any of the foregoing as WARRANTY O MERCHANTABILITY ,but such liability shall in no event include loss of profits A lass of use. NO IMPLIED WARRANTY OR MERCHANTABILIT' OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANGES IN LEGAL I FIRMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL T ERMS. The Purchase, may make any chnnga in the ocons, Other Than legal firm, including additions a, ter deletions lions the quantities originally ordered in the spai fications or drawings, by verbal or written change order. If any such change alfecs the amain due or he time of,afmmarce heremrden an equitable adjustment shall be made. 6. TERMINATIONS. The producer may at any time by women change mdeu terminate this agreement as to any or all portions of the goal then rat shipped, subject to any equitable Njwmmmi temeen the whim, m to any wok or mwmats then in progress provided that the Wnchuer shall not be liable for any claims for anticipated profit on the uncompleted portion of the goods andor work, for incidental or consequential damages and that no such adjustment be, made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such medication shall relieve the Purchaser or fie Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for whood ew must be asserted within fifty (30) drys from the dam the change or Nomination is ordered. S. COMPLIANCE WITH LAW. The Seller watmats that all goods sold hereunder shall have been produced, sold, delivered cord fwnished in mite compliance with all applicable laws and regulations to which the goods sum subject. The Seller shall execute and deliver such documents res may be national up effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incorpoated herein by Nis reference. The Seller agrees to indemnify and hold the Purchaser heatless from all costs and damages suffered by fie Purchaser as a resuh of she Sellers failure ro comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor written concern of ghe other pant. 10. TITLE. The Sella wwrents fall, clew and provisional title an the Purchaser for all equipment. materials, and items modified] in performance of ,his agreement f and at— of my and all liens, restrictions, resrnafees. security urfaesr encumbrances and claims ofmhers. 13. PURCI IASHRS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goads by a data to be agreed upon by the Purchaser it the Sellers and the Sella therewer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be, performed by the most expeditious meats available to it, and the Sella shall pay all costs aaocimed with such work. The Sella shall release the Purchaser add its mnrracmrs of any tier from all liability and claims of any rabre resulting from the performance ofmch work. This release shall apply even in the event of that, of negligence of ghe parry released and shall extend to the directors officers and employees of such party. The Seller's cotnrucmul obligations, including warranty, shah not be deemed to he traduced, in any way, because such work is performed or caused to be mrlbnned by the Purchaser. 14, PATF.NI'S. \VIOnever the Seller is required to use any design, device, material or process covered by liner, patent, trademark copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGmparmat by reason of the use of such seemed design, device, maccal or process in connection with the conraa, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infngemem at any time during the persecution 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 equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially export but noninfringing equipment, or modify it so it becomes mmnnfringirm 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an wsigmnent for the benefit of creditors, appoint a or trustee for any of the Sellers property or business, this order may forthwith be comfort by the Puahur without liability. 16. GOVERNING LAW. The definitions off. used or the irdawnwion arrive agreement and the rights of all panne, hereunder shall he crammed under and governed by the laws of the Some ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises clothier. ❑. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellas own risk until the same is fully completed and accepted, and shall, in au of any accident. destruction or injury m the weak as&o, manerds before Scllc/s feral completion and aceptanee, complete the wok at Silas own impose and m the satisfaction of the Product . When matmals and equipment ere fumishal by others for installation or erection by the Seller, the Sella shall rroeive, mutual, stare and handle same ter the site and become restrainable therefor as though such mmenals cone lar almonmt were being furbished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit', to its employees employed on or in connection with the work covered by this purchase order, amVor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with Wily injury and death limit of al least 5300,000 for any one person, S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require, his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contmetot employees shall do any work upon the promises of others, the Seller shall fumiah the Purch mar with a certificate thin such compensation and insurance have been provided. Such arbitrates shall specify the data when such compensation and issuance have ban provided. Such cenificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained writ after the entire work is complete and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or namm whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agent and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Powhawr may be pm or subject by reawn of any at, miiaa, meglat, omission or default on the pan of from Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees In case any suit or other proceedings shall be brought against the purchaser, or its officers, agents or employees in my time on account or by ..a of any rat. action, neglat, omission or default of the Sella of any of his contractors or any of it or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the def thereof and to defend the more at the Seller own expense, fo pay any and all costs, charges, amameys fees and other xNamnses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon ter obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, Ne Seller will at once cause the same to be dissolved and discharged by giving bond or oferwise. The Seller cod his contractors shall take all safety precautions, famish and install all gumds necessary 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 and all roles and regulariont issued ptusuant theism. Revised 07Q014