HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9142146Fort Collins
Date: 04/16/2014
Vendor: 102630
AYRES ASSOCIATES INC
PO BOX 270460
FORT COLLINS CO 80527-0460
PURCHASE ORDERPO
914214er Page
142146 lofz
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 04/15/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Engineering containment berm
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 LS
25,060.00
Total $25,060.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Pon Collins is exempt from slate and local axes. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Cevifaate of Registry 84.6000589 is regulated with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Frandsen Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejmed GOODS REJECTED due to failure to men specificstiam, enter when shipped or due Is, defects of
damage in prow,, may M rttumed to you fur credit and are net to M replaced except upon receipt of wnnen
instructions from the City ofFoa Collins.
Inspection. GOODS are subject to the City of For Collier inspection on winv 1.
Final Acceptance. Receipt of the merchandise, x rese r equipment in sponto this order can result in
authorized payment on the part of the City of Foe Collins. However it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures.
Freight Terms. Shipments must M F.OB., City of Fan Collins, 700 Wood St, Fort Collins. CO 80522. urdess
otherwise specified on this order. IflxPmission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges far poking will real be accepted
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected form the ounces, distribution point ➢, destination, and excess Smith, will be deducted from Invoice what
shipments are made from greater distance.
Permits. Seller shall powers at sellers sole cost all necessary permits, certificates and litmus natural by all
applicable laws, reguinnow, adiaances and ales of led slim, mwagaliry, territory or political subdivision where
the work is pon brmed, or refined by cry when duly emcstimmd public mahadty h riding jurisdiction over the work
of vendor. Seller Former agrees to hold the City of Four Collin hamtlen tom and against all liability and loss
ssired by them by cannon of an asserted or esnblished violation of any such laws, regulations, ofi innces, rates nrequirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Probes Order expressly limits acceptance to the masts and condition stated
herein sd fond and any supplementary or additional It. and mnditions annexed hecem Or incorporated herein by
reference. Any additional or different terms and mtWitions proposed by seller are abjaled to and hereby oJecial
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdiamly ifyou cannot make complete shipment to wrive on you
promised delivery time as noted Time is of the u sence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, arceptnnce of partial late deliveries, shall npuute as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to cause not Presumably foreseeable which me beyond its reassemble control and without its fault of negligence,
such aces of God, acts of civil or military authorities, grvanmrntal pommies, torts, strikes, food, epidemic, was or
Pis¢ provided that It. of the wnditims causing such delay or given to the Purchasa within five (5) days of the
time when the Seller Ent received knowledge thereof, In the event of any such delay, she date of delivery shot M
extended for the pond vag al to no time actually 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 -Nor other descriptions given, will M fit for the puryosn intended, and
performed with she highest degree of care and compecenre in accordance with accepted standards for work of st
similar nature. The Seller agrees to hold the purchaser armless from any loss, damage or expense which the
Pumhaser may sufim m incur on arcoun, of the Sellers breach of warranty. The Sella shall replace, rtpah a make
good, without cost to thc purchaxm any def ts or faults arising within one (1) year a within such longer period of
time as may be prescribed by law or by the term of any applicable wmmnry provided by the Seller after the dam of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not
connote a waiver of any claim under this warranty. Except as otherwise provided in this pm<au order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or gumannas, but such liability shall in vo event include loss ofprofits or lass of not NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchxttr may make changes m legal terms by writers change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes in the tents, other fan legal terms, including additions to or deletions from
the quarmition originally ordered in the specification or drawings, by verbal or wrinar change order. If any such
clung¢ aRecrs the amount due or the time ofperfosmance hereunder, an equitable adjustment shall M made.
6. TERMINATIONS.
The Purchaser may a1 any time by women change order, marrissom this agmemem as to any or all portions of the
goods that no, shipped, subject to any equitable ad untment between the Win as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted
partion ofthe goods andor work, for incidental or consequential damagi, and ter, no such adjustment be made in
favor ofthe Seller with respect to any goads which are the Sellers standard stock. No such la ination, shall relieve
the purchaser or the Seller ofany of their obligations n to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for djunmmt most he asserted within shisry (30) days from the dare to change or temnwden is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hermada shall move ban produced, sold, delivered and fumished in smid
compliance with all applicable laws and regulations tu which the goods are subject. The Seller shall execute and
deliver such documents as may M required in effort or evidence compliance. All laws and regulations required to be
incorporated in agmemens of this character are hereby incoryorated herein by Ws referents. The Sella agrees to
indemnify and Mid the Purcaser armless man all corm and damages suffered by the Purchaser as a resul, of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this under, a arty monies due or to become due hereunder without the
prior written consent ofthe other patty.
iLTITLE.
The Seller wmmnts full, clear and whommiccted title to the Purchaser for all aquipmot, materials, and items fmished
in perfomaam a of this agreement free and clear of any and all liens, contributes, reservations. accurity interest
enceuMPanen end claims of otters-
I L NON WAIVER.
Failure of the Purchaser to insist upon strict pedomrance of the terms and conditions hereof, failure a delay to
ammise my rights Or remedies provided herein or by law, failme to promptly notify the Seller in the event of a
breach, the acce,lance arm payment for goods hereunder or approval of the design, shall tat release the Seller of
any of the warmntin a obligations of this purchase order and shall not M deemed a waiver of any right of fire
puv'baser to insist upon strict pert ance senator any of its rights or remedies as m any such Saudi, regard.
of what shipped, raeivd or accepted, as to any poor nr subsegetmt default hereunder, wer shall any purported
and modification or rescission of this pruchvae order by the Purchaser spent. as a waiver of any of the It.
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations am in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, list, Seller hereby assigns to the Purclwer any and all claims it may now have or herea0er
acquired under federal or state antitrust has for such combustion relating b the par milar goods or services
purchased or cquird by the Purchaser pursuant to this purchae order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a it.,, to be agreed upon by the
Professor and the Seller, and the Seller themafoer indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most eapichu us means available to it, and the Seller shall pay all
costs associated with such work.
The Seller stool release the Purchaser and its contractors of any tier fmm all liability and claims of uny nature
resulting tram rise performance ofsuch work.
This release shall apply even in rate event of fault of negligence of the navy released and shall extend to the
directors, officers and employees of such part.
The Sellers commetum obligations, including warranty, shall not M deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, matmal or process covered by letter, patens, budrnu k
or copyright, the Seller shall indemnify and save harmless fat Purchaser from any and all claims for infringement
by reason of the use of such pamtd design, device, metered or process in connection with the contract, end
shill indemnify the Purchaser for any con, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prnsaution or after the completion of the work. In case said equipmem, or
any part thereof a the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pun is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the fight to continue ring said equipment or parts, replace the same with substantially equal but
immigrating equipment, or modify it so it becomes comminuting.
15. INSOLVENCY.
If the Seller shall become insolvent or Ontario, rake an assignment for the benefit of creditus, apgoin, a
madva or trustee for any of the Sellers property or businessRundowns, fins order may Rundowns he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the intepmation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in ewes where the Seller is to perform work hereunder,
including the session at'Sellas Repreunntive.), ort rise pemisn of others.
IZ SELLERS RESPONSIBILITY.
The Sella shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction a injury to the work and/or materials before Selleh final completion and
acceptance, complete the work at Seller's own expense and is, the satisfaction of the Purchaser. When materials
and equipment are f wished by others for inmllation or motors by the Sella, the Seller shall receive, unload,
state and needle same at the site tam became responsible therefor as though such mar 'ass md'or equipment
were being fmished by the Sella aides the order.
18. INSURANCE.
The Sella shall, at his own expense, povide for rate payment of workers compensation, including occupational
disease benefits, to is employees employed on or in connection with the work covered by this purchase order,
and/or to their dependent, 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, commercial and automobile public
liana try insurance with bodily injury and doom limits of at Irmo S300,OW for any one person, $500,000 for any
one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
ernrrsemrs, if any, to pmvide for such campassolum and insurance. Before any of the Sellers or his eommcmrs
employees shall do any work upon the premises of orders, the Seller shall fmish the Panhaser with a cenifirare
thal such wmpaustion and inumnce have barn pnviicd. Such comfica e, mail specify the fan who such
compewation and insurance have bcen provided. Such cevifcmn shall specify dtc time when such compensation
and insurance expires. The Seller agates that such compensation and insurance shall M maintained until ➢tier the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby woumn the entire rnponibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persars or property caused by or resulting farm the execution ofthe w'orx provided for in
this purcha a under or in construction herewith. The Sella will indemmnify and hold harmless the Farmhouses and any
I all of the Purchasers ofc ps. rams and employees firm and against any and all claims, keom , damages.
charges or expenses, whether direct or indirect, and whether to person or propany to which the parchaxr may
M put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or mnmaors officers, agents or employees. In case any suit or other
proceedings shall be brought against the PurcMxq or its officers, agents or employees at any time on account or
by reason of any tat, cation, neglet, omission or default of the Seller of any of his connecters or any of is or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense flaw( and to
defend the same at the Sellers own expense, to pay any and all costs, charge, efromrys fees and order npensn,
any and all judgmais fat may be incurred by or obtained against the Purchaser or any of is or their sifters.
agents or employees in such suits or other proceedings, and in case judgment or other lim M placed upon or
obtained against the property of fire Purchaser, a said Win in or as a mutt ofsuch ems or other poceedings,
the Seller will at once cause the same to he dissolved and discargd by giving bond or otherwise. The Seller and
his ommclors shall take all safety pranutions, famish and install all guards neccexry for fie prevention of
accident, comply with all laws and regulations with regard to safety including, but without Ma ation, the
Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant thereto.
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