HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9121980City OfPURCHASE ORDER PO Number IPage
Collins
��� 9121980 1 of 2
`t COI` lI n ` This number must appear
�7 on all invoices, packing
slips and labels.
Date: 04/04/2012
Vendor: 102630
AYRES ASSOCIATES INC
PO BOX 270460
FORT COLLINS Colorado 80527-0460
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 04/04/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 CONSULTING SERVICES
CIPO ASBUILT/CONST SRVCS
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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
1 LOT LS
Total
Invoice Address:
19,535.00
$19, 535.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fran Collins is exempt min sumo and local taxes. fha Exemption Number is
98-0.i502. Federal Excise Tax Exemption Certificate of Registry R4-6FM5S7 is mgislemd with the Collector of
Intcmul Reverne. Denver. Colorado (Ref Colorado Revised Satin 1973. Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to mat specifications. either when shipped or due to defects of
damage in transit may he rcmnmd to yam for credit and arc rim to he replaced except upon receipt of written
instructions from the City of Fon Collins.
Inspection. GOODS arc subject to the City effort Collins inspection on anivnl.
11. NON WAI VER.
Failure of the Purchaser m insist upon strict perfomrance of the tcmrs and conditions horn[ failure or delay to
cscmisc any right oar renedic, pmvidcd hcrcin or by law. failure to pro nmptly notify the Seller in the coma of,
breach, the nmeptance of or paynncnt for goods hcmundcr or nppmval of the design, shill not release the Scllcr of
any of the ..one, or obligations of this purchnse onler and Shall not he dmmed a waiver of inv right of the
purchaser to insist upon strict perfnnuanee hereoforany of its rights or rentdies us many Stich gcwls. regardless
of when Shipped, mocked or accepted is to any prior or suhscqucnt default heeunder, nor shall any purposed
nil undi fiention or rescission of this pu¢hasc order by the Purchaser opcone as a nvivrr areas, of the aeons
hereof
Final Aecepmnce Receipt of the merchandise. services or equipneent in reponse in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS,
audi iud payment on the part of the City of Fort Collins However, it is to he understood that FINAL Seller and the Purchaser mmgniu that in actual economic practice. owerehargec resulting (rent antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedum,. violations am in fact bnmc by the Purchaser. Theretofore, For good cause anti as consideration for executing this
purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or mmoner
Freight Teats. Shipments coast be F.O.U., City of Too Collins, 700 Wood St. Fort Collins, CO 80522. unless acquird ender federal or state imitrust laws for Stich ovemhnrges relating to the particular goon or services
otherwise Specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquimxl by the Pumhnscr pmmant to this porchnsc order.
bill oust accompany invoice. Additional charges for pocking will not be ucccptal.
11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifahc Purchuserdirmts the Scllcrtocormet nonconforming ordefctive gnxls hvadaa to heagred opnnbythe
expected fmm the neums.t distribution point to destination, rand excess (might will be dedueted from Imvnice when Purchaser and the Seller and the Seller thereafter indicates its inability or an, ill ingness to comply. the Purchaser
shipments me nude front great,, distance. may rate the work to he performed by the most expedhica, means mailable to it. and the Seller shall pay nil
cost, associumd with such wv,ri
Pertains. Seller shall procure at sellers sole cost all nmcssary permits, ccni0cates and licenses required by all
applicable laws, reguladnns ordinance, and role, of the state, municipality, territory or political aKli, i,ion where
the work is performed, or replaced by anv other duly constituted public anhonty having jurisdiction over the work
of verclar. Seller further agrees to hold the City of Fort Collins hannles, fmm and against all liability and loss
incanted by them by mason of an as,e ed or esmbli,hed rinlation of any such laws, regulations, rad ances, uric,
and rvqutimnent.
Authorization. Ali panics to this contract agree that the mpresentatives are, in fact, hen ride and possess fill and
complete nuthorlty to hind said panics.
LTMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and conditions stated
herein set forth and any suppletaxoniry, or ndditioail terms and conditions annexed hereto or incorpomted herein by
memnce. Any additioml or ditfcmnt morn and conditions pmpused by seller a e objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot mike complete shipment to nowe on your
premised dews.,, date ru noted. Tine is ofthc essence. Delivery and perfmmance must be effected within the time
stated on the purchase order and the documents atached hereto. No ids of the Purchasers including, without
limitnion. acceptance ofpmial laic deliveries, shall operate ns a waiarr ofthis provision. In the event ofnmy delov,
the Purchaser shall have, in addition to other legal aril ccinuble remedies, the option of placing this Dole, elsewhere
and holding the Seller liable for damages. However, the Scllcr shall not he liable for damage, as a result of dclayS
doe to causes not reasonably foreseeable which am beyond as manonob(e control and within its fruit ofnegiigence.
such acts o(God. acts ofciwil or military authorities, grwemnenal priorities, fins. strikes. fired. epidemics, wars or
riots provided that notice of the conditions causing Such delay is given to the Purchaser within five (5) drys of the
lime when the Seller first raciecd knowledge thereof In the coact of any Such delay, the date of delivery shall be
extended for the perial equal to the time actually lost by mason ofthe delay.
3. WARRANTY.
The Seller wamnts that ill prods, articles, materials and work covered by this order will conform with applicable
droving,. specifications, sample, atNor other descriptions given, will M fit for the pur{oscs intended and
perforated with the highest dogma of care and competence in acconLmce with accepted standards for work of a
Similar nature. The Seller agree, to hold the purchaser h,miless front any lose damage or expense which the
Pomhaur may oohs., or incur on recount of the Sellers; breach of wamnty. the Seller shell replace, repair cr stake
good without cost to the purchaser, any defects or faults arising within mac (D year or within Such longer period of
timers may he prescribed by tawv or by the tents of anv applicable wamnty provided by the Scllcr aver the date of
ncceptnnce ofthe goods ftrtnklied hereunder (aceci ance not to be uarat,nnably delayed), resulting fmm inmperfcct
or defective work done or materials banished by the Seller. Acceptance or use of goods by the ILmha,cr shall not
constitute a wanvrofany claim ender this ,no cry. Except as otherwise Provided in this purchase order, the Scllcrs
liability hemunder shall extend to nil damages pmsinatedy caused by the breach of ray of the forcgning wamntics
or guanntces, but Such linbility shall in no event include lass nfpmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES IN LEGAL TERMS.
The Purchaser may make changes to Icgol temas by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Parchmer may mike any changes to the teas, other than legal terns, including additions to or dcldions from
the anti rari'malt, ordered in the spccifiendnns or drawings, by verbal or vvxiucn change isle,. If anv such
change affects the amount due orthe time ofperfommana hereunder. tin equitable adjusonent shall he made.
6. TERMINATIONS.
The Purchior may at any time by written change rude,. terminate this agreement n, to any oar all portion, of the
goods then nor shipped subject to any equitable adjustment between the panics as m aov work or autocrat, dmn in
progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work. for incidental or consequential damages. and that no such ndjusnncan be made in
favor of the Scllcr with respect funny goods which arc the Sellers standard stock. No Stich tcrnmination shall relieve
the Purchaser or the Seller array of their obligations as to any goods delivered hcmundcr.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be nssmed within thirty (30) days from be date the change or mmmiontion is
ordered.
S. COMPLIANCE WITH LAW.
the Seller warrants that all goods veld hereunder Shall have been produced. sold, dclivcmd and furnished in strict
emnplinnee with all applicable Imes and reguationx to which the gads am suFiceL The Seller shall execute and
deiwcr Stich downer, as may he required to effect or evidence complinacc. All laws and regrdations required to be
incorporated in agreements of this character am hereby incorporated herein by this mfcrence. The Seller agues to
indemnify and hold the Purchaser hornless fmm all costs and damages suffered by the Parchnxr as a result of the
Sellers Failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mnsfnr. or con,ry this order. or any monies dnc or to baomc due hereunder without the
prior written consent of the other party.
10. TITLE.
The Scllcr wamnts fail, clear and unrestricted title to the Pumhascr for all equipment materials and items famished
in Performance of this agreement. free and clear of any and all liens restrictions, rcscnation , security interest
encumbrances and claims of others.
The Scllcr shall release the Purchaser and its contractors of env tier from all liability and claims of any nature
msuiting fmm the performer es. ofateh work.
This release shall apply even in the event of fault of negligence of the piny, released and shall extend to the
directors, oRecr and cmplovices of Stich party.
The Seller's contractual obligation. including wamnty. shall not ht decried to he reduced, in any wav, because
such work is perfnmaed or caused to be perforated by the Purchaser.
14. PATENTS.
W namvcr the Seller is mquired in use anv design, device, material or process covered by letter, patent, in lcmark
or copyright. the Scllcr shall inticomi fy and save harmless the Pumhnscr front any and nil chins for infringement
by reason of the use of such patented design. device, material or process in connection with the contract, and
shall auction fy the Pnchawr for any cost, expense or damage which it may be ohl iged to pry by m:won of such
infringement at any tine during the prevention at after the completion of the work. In case Said equipmeot or
any pun thereof or the intended use of the goods. is in such Suit held to cor itme infra garrem and the use of
said equipment or pan is enjoined, the Seiler shall, in its own expense and of its option, either pmcum for to
Pumhrser the right to continoc using said equipnocat or pans, replace the Same with subsanaially egwl but
nnninliinging cgoip ocat, or modify it so it hccones nomofiringing.
15. INSOLVENCY.
ENCY.
If the Scllcr Shall httonte hoolvcal or bankrupt, make an ticimmcnt for the benefit of creditors, appoint a
meciver or tnrstce for any of the Scllcrs property or business, this order may forthwith be conecl d by the
Purelaser withnat liability.
16. GOVERNING LAW,
The derinitions of tcmts ascd or the interpretation of the ngrocruest and the rights of all panics hermmndcr shill be
constnrd tinderand governedby the Inns of the Stne of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services ot'Sellers Repms,ruaive(s), no the pmai,e, of athers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the Sane is fully completed and accepted, and shall.
in case of any accident, destruction or injury to the work andlor materinls before Seller's final completion unit
acceptance, ecropletc the work at Scllcrs own expense and to the Satisfaction o(the Purrhascr. When materials
and cquipneat arc famished by others In, imiallntion oar erection by the Seller. the Seller Shall rocewc. unload,
stem and handle snare at the site and becone msmnsiblc therefor as though such materials andlor cquiptttcat
were being fumished by the Seller under the order.
IS. INSURANCE
The Seller shall, at his own expense. provide for the pnvaanu ofworkers compensation, including occupational
disease benerits, to its enmpinyces enmploved on or in connection with the work covered by this purchase order.
and/or to their dependents in accordance with the law, of the state in which the work is to he done. The Seller
shall also cam connpmheasive general liability including, but not limited to, comractwnl and inmmobile public
linbility imcomom with bodily injury and death limits of m Icasr 3100.001) for anv onc'Pcroa. S517M1,000 for any
one accident and property damage limit per accident of $400.000. The Seller shall likewise require his
outman,,, if any, to provide for such compensation and insurance. Befnm any of the Scllcrs or his contractors
employees shall do any work upon the penakes ofothcrs. the Scllcr shill furnish the hmchaser with a certificate
that such compensation and insurance have been provided. Such cenificaes shall specify the date when Such
onus nsntion and insurance have been pmvidcd. Sach certificates shall specify the date when such eonmpemsation
and imtmnce expires The Scllcr ogmcs that such crnnpcnmation and insurance shall be otaintnined until aficr the
entire work is complmcd and accepted.
19. PROTECTION AGAIN,"r ACCID17N'IS AND DAMAGES.
The Scllcr hereby nssnmes the entire responsibility and liability for any and ill danxigc Ins, or injury of.anv kind
or unmm witaL,oeve, to persons or property a tc cd by or resulting (rain the execution of the work pmvidcd for in
this purchase orderor in connection herewith. The Scllcr will indemnify and hold hrnalc, s the Purchasernnd any
or ill of the Pwrchaors nRccrs. agents and employees from and against any and all claims, losses, cini am.
charges or cxpcn,cx, whether direct or incorrect and whether to posnns or property to which the Pumhnscr may
be put or suhjcrt by mason of any act. action, neglect, omission or default on the pan of the Scllcr, any of his
cormicmrs, or any of the Scllcrs or contractors of iceN, agents or emplovicec. In case any snit or other
proceedings shn II be brought against the Purchaser, or its of iccrs, agents or employees it any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their nfrccm. agent or cniployca as aforesaid the Seller hrcry agrees to assume the defense thereof ind to
defend the same nt the Scllcrs own expense, to pay nny and ail cost, charge:., anomcys fees and other expenses.
,any and all judgnncnts that may be incurred by or ohtnined against the Pumhnscr ornate of its or their officers,
agents or employees in such Suits or other proceedings, and in case jndgnment or other lien he placed wpm or
obtained against the property of the Purchaser. or said parties in or as a result ofsuch snits or other proceedings,
the Seller will at once erase the s anse to be dissolved and discharged by Fixing had or otherwise. The Seller and
his contractors shall take ill strew precautions. firmish and install all guards mmescmv for the pmvcntion of
accidents, comply wcith all Ixws and regulations with rega dl to safety including, but without limialion, the
Occupational Safcty and Health, Act of 1970 and ill roles and regulations issued pursuant 11mir o.
Rcvi,ed 0112010