HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9130815PURCHASE ORDER PO Number Page
City Of9130815 + of z
' `t Collins
I'„s This number must appear
�.I " 1 1 on all invoices, packing
sli s and labels.
Date: 12/01/2014
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: 12/01/2014 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 CO#1
per requisition 48699
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.wrn
1 LOT EA
7,535.00
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 exemptions. By staN¢ the City of Fort Collins is exempt from some and local axes. Our Exemption Number is
I L NONWAIVER.
98-0 502. Federal Excise Tax Exannumn Canificue of Registry S l-6000589 u registered with the Collator of
Failure of the Purchaser to moist upon snip performance of the terms and conditions hereof, failure or delay to
MO.] Revenue, Denver, Colorado (Ref Colorado Revised Summit, 1973, Cle nor 39-26, 114 (a),
exemis my rights or remedies provided havnn or by la.. failure to pmnptly ratify the Seller in the event of a
breach, the acceppina arm mymeat for goods hereunder or approval ofthe design, shall not elease the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defers of
my of the wappeca, or obligations of this purchase oNer and shall not be deemed a waiver of my right of fe
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt Of written
pumhner to insist upon strict performance hoonfor any of its rights or remedies as to my such goods, regardless
intrusions from the City of Fort Collins.
of when shipped received or acerplcd, as to my prior or subsequent default hereandn, nor shall any purported
and too ifflum on m pcuissian of this purchase order by the Pumhaur operate az a waiver of any of fie seems
Iinfection. GOODS sre subject to fie City of Fort Collins impection an arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in rspseve to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be underimod that FINAL
Seller and the Purchaser recognize that in actual tt no is practice, overcharges resulting from antionst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchase,. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby aysigm to the Pure ser my and all claims it may now have or hereafter
Freight Terns. Shipments mom W F.O.B., City of Fort Collis, 700 Wood St., Fort Collins, CO 80522. unless
acquired under federal m state antitrust laws for such overcbznges reloing to the particular goods or services
otherwise specified on this order, if permission is given to prepay freight and charge separately, the original freight
purchased or acquired "a PureM1aser pursuant to this purcbau order.
bill must accompany invoice. Additional charges for making will not be accepted.
Shipment Distance. Where manufacturers hive distributing points in various parts of the country, shipment is
expected from fie nearest distribution paint to destination, and excess freight will be deducted from Invoice when
shipments are made from greater disease.
Permits. Seller shall procure at sellers sole cart all neressary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rates of the state, municipality, territory or Political subdivision where
the work is performed, or required by any other duly ...lipped public authority having jurisdiction men the work
of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All penis to this contract agree that the representative are, in fact. boo fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the canna and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different ems and conditions proposed by seller are objected to and hereby reported.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if.. cannot make complete shipment to mrive an your
promised delivery date as noted. Time is of the essence. 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, nex,c ive of partial late deliveries, shall operate as a waiver ofthis provision. In the event crony delay,
the Pumhsser shall have, in addition to other legal and equitable mnedies, the option ofplacing this order elsewhere
and holding the Seller liable for damage. However, the Seller shall net b, liable for damages as a result of delays
due to tosses not reawnably fon smable which me beyond is reamnable commocal and without its fault of negligence,
such acts of God acts ofcivil or military authorities, govemmenal priorities, fires, strikes, Bond, epidemics, wars of
Hats provided that notice of the 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 delay, the date of deivery shall be
extended for the period equal to the time actually Iont by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fl for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Pmchasrr may suffm or incur on account of the Sellers breach of wananry. The Seller shall replace, repair or make
good without cars o fie purchaser, may defects or fasts arising within one (1) year at within such longer period of
time az may be pmmW by law or by the terms of may applicable warranty provided by the Seller after the date of
neceptance of the goods famished hereunder (acceptance net to be unreasonably delayed), resulting from impeK t
or defective work done or materials famished by the Sell.. Acceptance or use of goad by the Purchaser shall or
orstimre a waiver ofany claim under this warranty. Emepl as otherwise provided in this purchase order, the Sellers
liability heeunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guamnmes, but such liability shall in no event include loss ofpsfirs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Punchier may make changes to legal rams by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase may make any changes m the terms, other nun legal terns, including additions to or deletion from
me quantities originally ordered in the specifications m drawings, by verbal or ... change under. If any such
change aRects the arnoum due or the time ofp.formance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all poniors of the
good then not shipped, subjeal to any equitable adjustment bowmen the parties as to any work or materials then in
Mprce, provided dot the Purchase dull not be liable for my claims for anticipated Profits on the uncoradmad
Pon. of the goods auror wok, for incidental or consequential damages, au that as such adjust., be made in
favor of the Seller with nearest to any goad which are the Sellers standard! stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to coy goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within fifty (30) days Item the date the change or termiuutioo is
ordered.
8. COMPLIANCE WITH LAW.
The Seller waranls that all good sold hereunder shall have been produced, sold, delivered and furnished in stdct
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as maybe required to effect or evidence compliance. All laws and regulation required to be
fcuporated in agreements of fie character art hereby incorporated herein by this reference. The Seller agrees to
fdemnify and hold the Purchsper henpaless from all cones and damages suffered by the Purchase as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall azsign, transfer, or convey this order, or any monies due or to become due hereunder without the
'Hot wrimen consent ofthe all party.
I O. TITLE.
The Seller warrants full, clear and unrestricted title to the Pmchser for all equipment materials, and items Ravished
in performance of this agreement, free and clear of any and all lies, restrictions, msmations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be abroad upon by the
Purchaser and the Seller, and the Seller impact er indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
arms associated wif such work.
The Seller shall release fie Purchaser and its emoracmrs of any tin from all liability and claims of any metre
resulting from the performance ofsuch work.
This release shall apply even in the event of faun of negligence of the party released and shall extend to the
directors, offcars and cmployacs ofsuch piny.
The Sellers camrmtml obligations, including wanmnty, shall trot be deemed to W educed, in my way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, impatient,
or copyright. the Sell. shall iuemnify and save larmlass the Purchaser from any and all claims for inf ingmrcnt
by numn of the tone of such patented design, device, material or procaa in romrmon with she contract, and
shall indemnify the Purchaser for my coup. expense or damage which it may be obliged to pay by reason of such
inMngement at any time during the prosecution 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 fur the
Purchaser the right to continue ruing said equipment or pans, replace the same with substantially equal but
noNnfringing equipment, or modify it as it become noninfirmong.
15. INSOLVENCY.
If the Seller shall become involve t or bankrupt, make an assignment for the benefit of creditors, appoint a
porciver or trustee for any Of the Sellers Occupancy or basins,, this Order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofsems used m the interpretation ofthe agreement and the rights ofall panic hereunder shall be
onstrued under and governed by the laws offs, Spite of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform wok hereunder,
including fie smices of Sellers Repreu mative(s), en the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellers own risk until the same is filly completed and excepted, and shall,
in see of any accident, destmplam or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials
and equipment ore hummed by others for installation or erection by the Seller, the Seller shall receive, onlmd.
store and handle sore al fse site and become rspmtsible therefor as though such materials ardor equipment
were being fmishcd by the Seller mdour the order.
18. INSURANCE.
no Seller shall, at his awn expense, provide for the payment of workers compan,arlon, including Occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase oNer,
and/or to their dependents in accordance with the laws of the spite in which the work is to M done. The Seller
shall also carry comprehensive general liability including, but not limited to, comaeual and mon abile public
liability insurance with bodily injary and death limits of at least 5300,000 for any one person, S500,000 for any
.no .,ideal and property, damage limit per accident of S400,000. The Seller shall likewise require his
commons, if any, to provide for such compensation and inmance. Before my offs, Shcm or his contractors
employees shall do soy work uWsn the premises of others, the Seller shall famish fie Purchase, with a certificate
that such compensation and inurence have been provided. Such certificates shall specify fie date who such
compensation and insurance have been provided. Such eartifieates shall specify fie date when such compensation
au insurance expire. The Sell. agues that such compensation and insurance shall be complained civil aver the
entire wok is completed and ucccpted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
'I he Seller hereby assumes the entire respuruibility and liability for any and all damage, loss or injury of any kind
or nature whomever 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 Purchase and any
or all of the pumbassups oRcers, agents and employees from and against my and all claims, losses, damage.
charges or exposes, whether direct or support and whether to person or Property, to which the Purchaser may
be put or subject by mission of my act, action, neglect, omission or default on the part of the Seller, my of his
contractors, or any of the Sellers or contractors officers, agents or employes. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of my acL action, neglect, omission or default of the Seller of my of his contractors or any of its or
thew officers, agents m employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to
elefead fie same at fie Sellers own expose, to my any and OR casts, charges, amomeys fees and other exposes,
any and all judgments then may be incurred by or obtained against the Purchaser Or my of its or their aMe.,
agents or employees in such suits or other proceedings, anal in see judgment or other lien be placed upon or
obtained against he property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
has mnba.on shall take all safety precaution, famish and isall all guard pecessary for fie prevention of
acridenu, comply with all laws and regulations with rapped to safety imhudia , but without lim iston, the
Occapatimal Safety and Health Act of 1970 and all sls mad regulations issued personal chrrtto.
Revised 012014