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HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9144767Fort Collins Date: 08/18/2014 Vendor: 102630 AYRES ASSOCIATES INC PO BOX 270460 FORT COLLINS CO 80527-0460 PURCHASE ORDER PO Number Page 9144767 1e12 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/18/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 INFLOW PROJECT INVOICE 153735 ;mi'i Ali. 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 10,844.14 14 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. COMMERCIAL DETAILS. Tax exemption. By=rate the City of Fort Collins is exempt from state and local maces. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Crnifici c of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denveq Colorado (Ref. Colorado Revised Sumtes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of damage in nansit, may be returned m you for credit and are not m be mplzced except upon receipt of written instructions from the City affair Collins Inspection. GOODS are subject o the Cityof Fun Collin impartment action]. Final Acceptance. Receipt of the merchandise, senmea or equipment in response to this order can result in authorized payment on the per of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is depended upon completion of all applicable required impaction pmcedurm. Freight Trams. Shipments most be F.O.B., City of Fon Collins, 700 Wood St., Fain Collins, CO 80522, unless otherwise specified on this order. If permission is gircn to prepay ficight and charge separately, the original freight bill most accompany Invoice. Additional charges for packing will rot be accepted. Shipment Distance. Where minufetwers have distributing points in various puts of the country, sfpmevl is expcmed from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments art made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificams and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is re fumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or eserblished violation of any such laws, regulaions, ordinances, rules card requirements. Authorization. All parties to this contact agree that the representatives are, in fact. boon fide and possess bill and onadae authority,. birW said parties. LIMITATION OF TERMS. This Pdmmhase Order expressly limits acceptance to the to. cad condition anted herein set fed and any supplementary or addilional arms and condition woexed hereto or incorporated herein by reference. Any additional art different menu and condition proposed by seller arc objected 10 aM hereby ,am. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou turner make complete shipment to active ma your promised delivery data as noted. Time is of the estenee. Delivery and performance must be effemed within the time sorted on the purchase oMer and the dioramas, mw1wd hereto. No sums of the Purchasers including, without Insulation, acceptance of partial late dd iveries, shall operate 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 Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond Its remooble control and without its fault of negligence, such acts orGnd, arts of civil or military authorities, governmental procures, fires, strikes, Bawd, epidemics, wars or rims provided that arrive of the conditions causing such delay is given Ira foe Pmchasa within five (5) days of the time when the Seller fat received knowledge Oartof, In the event of any such delay, the date of delivery shall be awarded for the period equal. the lime actually lost by reason ofthe delay. 11. NONWAIVF.R. Failure of the Purchaer m insist upon strict performance of the term and condition hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a breach, the severance of or payment for goods hereunder or epprovsl ofthe design, shall not release the Seller of any of the warranties or obligations of this patches, order and shall not W deemed a waiver of any right of the purchaser to insist upon strict performance herafor any of its rights or remedies or to my such goods, regardless of when shipped, received or ccepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification of rescission of this purchase order by the Purchaser operate as a waiver of any of the rem¢ hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in retol accurate pmnice, m'ercharirs resulting from -If., violation are in fuel home by the Pwchaser. Theretofore, forgoodcause and as consideration for executing this purcM1:uc order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired mukr federal or share mtivust laws for such overcharges relaring to the particular goods or services purchncd or acquired by rise Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dints the Seller to mrrtct nonconforming re defective goods by a dam to N, agreed upon by the Purchaser and the Seller, and the Seller thereafter indicales its inability or unwillingness to comply, the Purchaser may cause the work 1. be turned by the most expeditious mean available to it, and the Seller shall pay all costs assaimal with such work. The Seller shall release the Purcbmer and its corrosions of any tier from all liability and claims of any mount molting to.m the performance of such work. This release shall apply even in the event of fault of negligence of the party released ad shall extend to the directors, officers am employees ofsoch f uty. The Sellers contractual obligations, including warranty, shall rest be deemed to be reduced, in any way. because such work is parkmarred or caused to be performed by the Purchaser. IC PATENTS. PTenever the Seller is required to use any design, device, mmerml or process rovered by le0er, parent, mdemork or copyright the Seller shall nationality 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 coronet, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsoch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan therrof car the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, al 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 equal but naninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of «ediwrs, appoint a camber or trustee for any of the Sellers property or business, this order may forthwith be canceled by hie Purcha. without liability. 3. WARRANTY. 16. GOVERNING LAW. The Seller woman. that all goods, muchn. materials and work covered by this order will conform with applicable The definition of tams used or the communization of the spectrum and the rights of all parties hereunder shall be drawings, specifications, samples will other descriptions given, will h fit for the purposes intended, and construed under and governed by the laws ofthe Sure of Colorado, USA. sitar performed with the highest degree of cart and competence in accordance with accepted stawfords for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the The followin • Additional Conditions apply I c whoa the Seller ¢ to rfom work hereunder, b pp y only in cases pa Purchaser may sutler or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make including the services of Sellers Represenunve(s), on the premises of others. good, without cost to the purchaser, any datej, or faults arising within one (I) year or within such longer Period of .. 19. SELLERS RESPONSIBILITY. time as may be prescribed by law or by the lemurs of any applicable warranty provided by the Seller after the date of eceptace of the goads ftunisheJ hereunder (eceeptace not to be unreasonably delayed), resulting from imperfect The Seiler shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, or defective work done or materials burnished by the Seller. Acceptance or tau ofgoodls by the Purchaser shall not eau of any materials before final completion m and destruction or injury to the work to comtimm a waiver ofany claim under this warranty. Except as otherwise provided in this purcham order, the Sellers she a Pram to accelerative, complete the work at Sellels own expense and a the satisfaction of the Pumhn.. When materials plate the and equipmwit are f shed by others for installation or erection by the Sell., the Seller shall receive, unload, liability hereunder shall extend to all damages proximately nand by the branch of my of the foregoing warranties store and handle same at the ate and became baronible therefor as though such materials aed/or equipment or guarantees, but such liability shall in eta event include loss of profi. or love crow. NO IMPLIED WARRANTY were being fi orished by the Seller under the order. OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. C14ANGES IN COMMERCIAL TERMS. The Pu¢hnser may make any changes to the menu. am, than legal tome, including additions to or deletion, from He mmums originally mdard in the specifications or drawings, by verbal or written change order. If any such change effects the amount due or the time ofperfmance hereunder, an equitable adjustment shun be made. 6. TERMINATIONS. The Parchaser may at any time by written change order, teminam this agreement as to any or all portions of the goods then not shipped, subject to my equitable edhmment between the parties as to any work or maenals then in progress provided that the Puahuer shall nor be liable for any claims for aticip red prosrs on the uncompleted pwnion of the goods adrm work, for incidental or consequential damages, and Oat net such mludift. be made in favor of the Seller with rested,. any goods which art the Sellers standard stock. No such mmdnatioo slash relieve the Purchaser or the Seller of my oftheir obligation in a any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty, (30) days from the dam the change or mmmariw is ordered. 8. COMPLIANCE WITH LAW. The Seller womnts that all goods sold hereunder shall have been produced, sold, delivered and famished In strict compliance with all applicable laws anJ regulations to which the goods, are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hornless from all cast and damages suffered by the Purchaser as a resuh of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party, shall assign, tansfer, or cumery this under, or my moves due or to become due hereunder without foe prior written consent of the other party. 10. TITLE. The Sella warrants fall, clear and dwaxdd red title to the Purchaser for all equipmenl, materials, and items finished in paformmce of this agreement• f and clear of my and all diem, restriction, reservations. security Interest encumbmces and claims ofomers. 19. INSURANCE. The Sella shall, at his own expense, pmvide for the payeacal of workers rompewtion, including occupational disease Misfits, to its employees employed on or in connection with IN, work covered by this purchase order. andlor to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general Inb liry including, but not limited to, continental and automobile public liability insurance with bodily injury and death limits of of loved 8300,0W for any one person, $500,000 for any caccident and property damage limit per accident of $400,000. The Seller shall likewise require his ontractors, if any, a provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a cenifcam that such compensation and immnce have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such renificmes shall specify the date when such comperazrion and insurance expire. The Seller agrees that such compcmmion dead insurance shad) be maintained our after the air. work is completed dead accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility card liability far any and It damage, loss or injury of my kind or ounce whatsoever to persons or property, caused by or resulting from the execution of the work provided for is this purchase order or in Carman. herewith. The Sella will indemnify and hold hamless the Purchaser and any cr all of the Purchasers wRcers, agents and employees from amend against ay and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons re property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the Wn of the Seller, any of his ontractors, Or any of the Sellers or contractors officers, agent or employees. In case any suit or other proceedings shall be brought ammo, the Purchmeq or it affects, agent or employees at my time on account or by reason of any act action, aeglect. omission or default of the Seller of my of his contractors or any of ins or their officers, agents or employees as aforemld, the Seller hereby agrees to assume the defense thereof and to defend the mine at the Seller own expense, to pay any and all cost, charges, wourags fees and other expenses, any road all judgment that may he incurred by or obtained against the Purchaar or any of its or their officers, agents or employees in such suit or other preccalings, and in now judgment or other lira be placed upon or chained against the property of the purchaser, or said panic is or as a resin, of such max err other proceedings, the Sella will in more nose the same to be dissolved and disclarged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, Rwanda and install all guards ttressvy for foe Inexact.. of accidents, comply with all laws and regulation with regard to safety' including. but without limiation, the Occupational Safety cab Hadd A. of 1970 and all roles and mgulatiom issued pursuant thereto. Revised 07Q014