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HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 8852640PO PURCHASE ORDER 885264er Page CI�f of PURCHASE 8852640 t of z ' `t Collins Ins This number must appear V ` �7 on all invoices, packing sli s and labels. Date: 01/08/2015 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: 01/07/2015 Buver: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 NISP Draft EIS Review 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 1 LOT EA 2,837.75 75 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 I. COMMERCDM.DETAMS. Tax exemptions. By suite me City of Fart Collins is exempt from state a d local taxes. Our Exemption Numbs is 98-44502. Federal Excise Tax Exemption Cerra cat of Registry 84-6000587 is registered with the Collector of Internal Revenue, Deaver, Colorado (Raft. Colorado Revised Strauss 1993, Chapter 39-26,114 (a). Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due too defects of damage in tmmam, may be reamed to you far credit and are or rut Fe replaced except .,on receipt of written instructions form the City of Fart Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Fatal Acceptance. Receipt of the merchandise, services in equipment in response to this order can mob in eutMrixd payment on the pan of One City of Fort Collins. However, it is to M understood Out FINAL ACCEPTANCE la dependent upon compleimu of all applicable mryied inspection pmculam. Freight Toms. Shipments most M F.O.B., City of Fort Collins, 7W Waal St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original fight bill most accompany invoice. Additional charges for packing will not M accepted. Shipment Distance. Where manufacturers have dhwbuting points in various pans of the country, shipment is expected from the nearest distribution point m destinmion, and excess freight will M deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole .at all necessary permits, ttnificates and licenses nefrared by all applicable laws, regulatione, ordinances and ales of the some, municipality, territory or Political subdivision whom the work is performed, or required by any other duly conatimrd public authority having jurisdicfon over the work of vendor. Seller fuller spaces to hold the City of Find Callus hamdess from end a,a. all liability and loss incurred by them by reason of m asserted or esmblishai violation of any such laws, regulations, owanaocw, roles and requirements. Authorization. All parties to this contract agree that be repres ins ives one, in fact, Foss fide and possess full and complete submit, to bind said Writs. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions sated herein set forth and any supplementary or mlditional terms and conditions annexed hereto or incorpomted 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 cannot make complete shipment la anive on your promised delivery date as noted. Time is of the axacco. Delivery and performance most M effa d within the time sited on the purchase order and the documents attached boom. No acts of the Purchasers including. without limitation, acceptance of Found late deliveries, shall operate as a waiver of this provision In the event of any delay, the Purehaser shall have, in addition in other legal and equitable readies, be option of placing this owes elsewhere .it holding she Sella liable for damages. However, the Seller shall sat M liable for damages as a molt of delays due to causes not reawrably f mable which are beyond its commando central and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, Gres, suites, food, epidemics, wars or riots provided that notice of be 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 dday, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warranty but all good, solicits, materials cod work covered by this order will conform with applicable drawings, specifications, samples stupor other descriptions given, will be fit for the purposes handed, and Performed with the highest degree of wm and compmemuz in accowauce with accepted standards for work of a similar nature. The Sella sprees to Mid tho purchaser harmless been any loss, damage of expene which the Pumhascr may sullen or man on account of fee Sellers breach of warranty. The Sella shall replace, repan a make good, without your to be purchaser, any defects m fcals arising within one (1) year or within such longer peril of time as may be prwcribd by law or by be tents army applicable warranty Provided by the Sella after the date of acceptance of the goods famished Meander (acceptance or he unrasonably delayed), madmivg from amperfeet or defective work it... ar mammals famished by the Seller Acceptance of use of goods by the Pachaer shall not constitute . waiver of any claim under Nis wammty. Except. otherwise provided in this purchase ow. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guemmees, bar such liability shall in no event include loss of profits or Ins, of use. 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 wrath change order. 5. CHANGES IN COFA1ERCIAL TERMS. The Purchaser may make my changes to the return, other Nan legal terms. mounting whinions to or deletions fmm the quantities originally ordered in me specifations or drawings, by verbal or writson change order. If any such change, other. the amount due or the time ofacrf once hereunder, an equitable adjustment small Mmade. 6. TERMINATIONS. Ile Purchaser may at any time by written change radar, terminate this agreement as to any or all portions of the ,.ads then nor shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided mar me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods mkor work, for incidental or consequential damages, and that no such adjustment M made in favor of the Seller warn respect to my goods which are me Sellers woulard stack. No such tetmanation shall relieve the Purefu.er or be Seller of my of their obligations as to any goods delivered hereursda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjummmt most M asserted within daisy, (30) days from me dare the change or lermieation is ordered. 8. COMPLIANCE WITH LAW. The Seller wee . mat all good sold hercunda shall have been produced, sold, delivered and famished an strcl compliance warn all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents so may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold me Purchaser hamless from all costs and damages suffered by the Puchaer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this under, or my ironies due or to become due hereunder without tM prior written cement ofhe other parry. 10. TITLE The Seller wants full, vier and umestrictd title to me Purchaser for all equipment, maerals, and items famished an performance of this agreement, free and clam of any and all It., mtrictiom, resmafiona, security not., encumbrances and cairns of others. 11. NONWArVER. Failure of the Purchaser to most upon strict ped of be to. and .dabbers hereof, failure or delay an examise any rights or tanedics provided herein or by law, failure to promptly notify be Sella in she event of a breach the acceptance ofor payment for goods hereunder or approval oftfe design, shall not release the Seller of any of the womndes or obligations of this purchase order and shall not be deemed a waiver of any right of the Franchiser in insist upon sera performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any Prior or subsequent default heremda, nor shall any puryoned oral modification at rescission of this purchase order by the Purchaser operate as a waiver of any of the lcm. better. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sally and the Puecbaer eaognica that th actual cannonade practice, overcharges malting from antitrust violations are in fact Fame by the Purchaser. Theretofore, for good cause and as wmideration for executing this purchase ember, the Seller hereby ressigm to the Porelosser any and all claims it may now have or limafer acquired under federal or state random laws for such or aehatgw nelating to be particular goods or xrvices purchased or acquired by the Purchaser, pursuant b this purchase made. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to comet nonconforming or defective goods by a date to he agreed upon by the Purchase, and the Selleq and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Improved by the most expeditious means available to it, and the Seller shall pay all costs associated win such work. The Sella shall release be Patch. aM Its comwcrors of any tier fmm all limit,, and dooms of any a sure resulting firms the peef once ofsuch work. This selease shall apply even in the event of fault of negligence of the Parry released and shall extend m tM dinecom, officers and employees ofsuch party. The Sellers conuacrual obligations, including warranty, shall not M deemed to be reduced, in any way, because such work is safomd or caused to M performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, me Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by mason of such infringement at any time during the prosecution or after the completion of the work. In caw said equipment, or any pan thereof or tM intended use of the goads, is in such suit held to constitute infangemmt and the use of said equipment err part is enjaamd, the Seller shall, at its own as,. ad err its option, either, procure fro the Franchise, the right to ...area using said causum enm or pars, replace the wane with substantially equal but noninGnging equipment, or modify it an it Meadow nonwfringing. I5. MSOLVENCY. If the Seller shall become insolvent or Mutation, make an assignment for the bcnenr of creditors, appoint a receiver or trustee for any of the Sellers property or basinws, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defniums rifleman used or the interpretation of the agreement and the rights of all parties hacurder shall M coastmed wrier and premed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only fo cares where the Seller is to perform wok hereunder, including the servicesof Sellers Represemaave(s), on the pmnises ofmari. ❑. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers own cask anti) the sane is fully completed and accepted, mal shall, in se of any accident, destruction or injury to the work scraper materials began, Sellers final completion and acceptance, complete the work at Sellers awn expense and or the satisfaction of be Purchaser When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall active, unload, store and handle same at the site and become responsible therefor as though such materials ankor equipment were being famished by the Seller under the order. 18.MSURANCE. The Seller shall, at has own expense, provide for the payment of workers comp neatiaq including uccupatimml disease benefi., an, its employees employed on or an casutection with the work .veld by this purchase ouch, maker to their dependents in accordance with the laws of the state in which the wark is to be done. The Sella shall also carry comprehensive general liability including, but test Ilm udi to, contactual and amamobile public liability issuance with bodily injury and dwth limits of in least 3300,000 for any one person, S500,050 for any com accident and primary damage limit per accident of 5400,000. The Sella shall likewise u,smia his contractors, army, to pmvido for such compensation and imamoe. Before any of the Sellers or his contractors employees shall do any work upon the promises troffers, be Seller shall famish me Pwchxser with a cenifcate that such compensation and insurance have been provided. Such cenificatw shall specify the &to when such compensation and insurance have been provided. Such certificates shall specify be date when such compensation and insurance expires. Ile Seller agrees that such.mpersution and insurance shall be maintained until caner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be it. responsibility and liabaldy for any ad all dams,, lass or iajary ufany kind or nature whatsoever so persons or property, au d by or resulting from the execution ofthe, Nark pmvadd for to this purchase under in in connection Forewim. The Seller will indemnify and Mid homeless be Purchaser and my r all of the Purchasers alfccrs, .,eats and employees from and agohtat my mull all claims, losses, damages, charges or expenses, whether direct or idarne, and whether to paw. or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default oat the pan of me Seller, my of his .mmnors, or my of the Sellers or contractors appears, agenu or employees. In case my suit m other porccadd,; shall M brought against be Purchaser, or its officers, agents or employees at my time on account ar by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume $e defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attomeys fees and other expenses, 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 at other lien be placed upon o obtained against do,property of the Purchaser, or said parries N or se a mutt of such suits or other procedingsr tM Seller will at once wttu be same to he dissolved and discharged by giving Mid or otherwise. no Seller rand his contractors shall take all saRry pccautions, [twist, and inarall all gumds necessary for the p ray. o s of accidents, comply with all laws and negulafoas with regard to safety including, but without limitation, the Occupational Safety and Health An of 1970 and all on. and regulations issued pfirme m Blame. Revised 0T2014