HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9143331 (2)Fort Collins
Date: 06/13/2014
Vendor: 102630
AYRES ASSOCIATES INC
PO BOX 270460
FORT COLLINS CO 80527-0460
PURCHASE ORDER
PO Number Page
9143331 left
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: 06/13/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 WO #SB-2014A DRY CREEK MASTER
PLAN MODEL EPA SWMM CONVERSION
1 LOT LS
70B4 Consulting Engineers for future W/WW & Stormwater Facilities Capital Improvements
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:pumhasing@fcgov.com
23,770.00
Total $23,770.00
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
1. COMMERCIALDUARS.
Tax exemptions. By saute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
9840,4502. Federal Excise Tax Exemption Cenificare of Registry 84.60oo587 is registered with the Collector of
Inmenal Revenue, Denver, Colorado (Ref Colorado Revised Stock, 1973, Chapter 39 26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in co mit, nay be rebound to you for credo mad art rot to be replaced except upon receipt of written
instructions from the City of Tom Collins,
Inspection. GOODS are subject to the City of Fort Collin inspection on consul.
Final Acceptance. Receipt of the merchandise, servicer or equipment in response to this order can result in
carbonized payment oa the part of the City of Tom Collins. However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon completion of all applicable required Inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Woad St., Fort Collins, CO 80522, unless
otherwise specified on this order. Ifpemrissim is given at prepay freight and charge scparatety, the original freight
bill must accompany invoice. Additional charges mistaking will not be accepted.
Shipment Distance. Where manufacmren have dni ibming points in voria n pans of the country, shipment is
expected from the tourist distribution point to destination, and excess freight will be deducted man Invoice when
shipments are made fmm greater distavice.
Permits. Seller shall procure at sellers sale cost all necessary permits, certificates seal lic ice, required by all
applicable laws, regulations, ondarra s and mles ofthe state, municipality. territory or political subdivision where
the work u performed, or examined by any other duly conslituad public ministry havingjunsdictiov over the work
or media, Seller further agrees to bold the City of Pon Collins harmless fmm mud against all liability and loss
incurred by them by reason of an asserted or established violation armory such laws, regulation, continuum, tales
and,aluiremerm.
Authron7ation. All parties to this contract agree that the representatives art, in fan, bona fide and possess full arW
campfire anise my to bind said panics.
LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions stated
herein set Earth and any supplementary or additional menu and conditions annexed hereto or incorporated herein by
reference. Any addlocul or different a., and conditions proposed by seller are objected to and hereby reja¢d.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted Time is ofthe essence. Delivery and performance must be elieaed within the time
stated on the purchase order and the documents attached hercm. No acts of the Purchasers including, without
limitation, aeceptarwe of partial late deliveee; shag operate as a waiver of this provision. In the event of any delay,
the Pumhaser shall have, in addition to other legal and equitable remedies, the option of placing this ordm elsewhe e
and holding the Salley liable for damages. H.wn'm, the Seller shall not be liable for damages as a mud, of delays
due to causes nor reassembly foreseeable which are beyond its reasonable wn,m) and with rid its fault ofnegligenc
such aces of God, eats of civil Or military authorities, governmental priontie; fires, strikes, flood. epidemics, wars or
pots Provided that notice of the ambitions 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 delivery shall be
exuded for the priced equal to the time amorally lostby reason ofthe di
3. WARRANTY.
The Seller warrants that all goods, article; materials and work covered by this order will conform with applicable
drawings, specifications, samples candor other descriptions given, will he fit for the purposes attended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
'miler nature. lbe Seller agrees to hold the purchaser hamsters from any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Seller breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
lime as may be prescribed by law tiny the hams of any applicable warranty provided by the Seller after the date of
acceptance of the gon& famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defective work done or materials fumahed by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except in otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guzmnree; but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERM13.
The Purchaser may make changes to legal remu by wriuen change order.
5. CHANGES IN COMMERCIAL TERfMS.
The Purchaser, may make any changes m the rears, other thin legal terms, including additions 1. ar deletions form
,he quantities oripinally ordered at the spaificatiom or drawings, by verbal or written change order. If any such
change efforts the amount due or the time of,erformance Remainder. im equitable adjustment shall be nude.
6. TERMINATIONS.
The Purchase, may at any time by wdnrn change mile, mortar h, this .greement as to any of .11 portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/., work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Sella with respect o any goads which ma lot Sellers standard stock. No such termimntim shall relieve
,he Purchaser or the Seller ofany of their, afth,mons as 10 any goads delivered herci nder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most b< asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Wt all good sold hereunder shall have been produced, sold delivered aM fiunished in strict
compliance with all applicable laws and regulations to which the gears . subpar. The Seller shall exam and
deliver such documents as may be mcnimd m effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of Nis character are hereby incorporated herein by this reference. The Seller agrees to
indemnify end hold me Purchaser harmless from all costs aM damages suffered by the Purchaser az a molt of the
Sellers failure so comply with such law.
9. ASSIGNMENT.
Neither patty shall assign trdrafeq or convey this order, or any monies due or to become der hereunder without the
prior women consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservation. security interest
encumbrances and claims of others.
II. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the to. and conditions hereof, failure or delay an
exturism any rights or ramNies provided herein or by law, Sulam to Promptly rrotify dre Seller m We event of a
breach. the rea epmntt.for payment for goods hereuMer.1 approval afthe design, shall tut release the Seller of
any of the warranties or obligations of Us purchase order aM shall Out be deemed a waiver of any fight or rite
purchaser to insist upon strict Programmatic hereof., any of its rights fir remedies as to any such goads, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any purported
oral modification or rescission of Nis purchase order by the Purchaser operate as a waiver of my of the from
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in sound commute Poseurs, .,,,h.,- resulting from antirust
violations arc in fact home by the Pumhaser. Thereratic , for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any rat all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to corms nonconforming or defective goods by a daze to be agreed upav by the
Purchaser and the Seller, and the Seller drom or indicates its inabidiry or unwillingpess m comply. the Purchaser
may cause the wool, to be performed by me most expeditions menu available to it, and the Seller shall pay all
costs assacimel with such work.
The Seller shall release the Purhser and its contrncmrs of any tiff from all liability and claims of any vmre
resulting fmm the pecfamranceof such work.
This silence shall apply even in me event of fault of negligence of the party released atal shall extend to the
direr.rs, officers and employees attach parry.
The Sd1e s comrxwal obligations, including warranty, shall vat be darned to be reduced in any way, because
such work is perfunneJ or caused I. be performN by the Purchaser.
14, PATENTS.
Whenever the Seller is required to use any design, drvice, material or process covered by letter, patent, trademark
or copyright, the Seller shad) indemnify and save harmless the Pumhama loam any and all claims for infringement
by reason (if the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for my cost, expense or d mage which it may be obliged as pay by reason of such
infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said eqiiipmem or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninRinging equipment, or modify it so it becomes noncriminal
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
receiver or trltstee for any of the Sellers property or business, this seder ivy foMwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement add the rights of all panics herewder shall be
comtmed under and governed by the laws of the State ofCaloam, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repraentativa(s), oa the premises ofother.
❑. SELLERS RESPONSIBILITY.
The Seller shall curry oa said work .1 Seller's own risk until the same is fully completed and accepted, and shall,
in coo of any sctldent destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When returns
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store nor haMle same at the site and become implausible therefor in though such materials,. and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, came de for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this putebaw order,
andtor to their dependents in accordance with the laws of the slue in which the work n to be done. The Seller
shall also carry comprehensive gmenl liability including, but for limited to, mnrarmal and automobile public
liability Entrance with hodiy rumor and death limits of at least 5300.030 for any ore Person. S500.000 for any
one accident and pupeny damage limit per accident of S400.000. The Seller shall likewise require his
contractors, if any. to provide for such corm ax mation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of other, the Seller shall famish the Purchaser with a certificate
that such compensation and momaror, have been provided Such certificates shall specify the date when such
compensation and insurance have been provided Such ceni@ztes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTEC'I'[ON AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and Al damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting Rom the execution of the work provided for in
this purchase order or in connection herewith The Seller will indemnify and hold harrnless the Purchaser and any
r all of the Purchasers officers, agents and employees fmm and against any and all claim, losses, damages,
charges or expenses, whether direct or inducer, and whether to persons or property to which the Perchance may
be, put or subject by reason of any art action, neglect, omission or default on the part of the Seller, any of his
contralms, or any of the Sellers or comancron officers, agents m empl%cos. In case any sail an other,
proceedings shall be brought against the Purchaser, or in officers, agents or empbyres at any time on account or
by ,gown of any act, action, neglect, omission or default of the Seller of my of his conemmon or any or its or
their oMo., agents or employees as aforesaid dre Seller hereby agrees so assume the defense thereof and to
defend the same at the Sellers own expense, to NY any anal all costs, charges, amameys f es and other expeases,
any and all judgments that may be incurred by or obmiued again, the PumM1aser or my of its or their .Beers,
agents or employees in such suits or other proceedings, anal in cue judgment or other lien be placed upon at
obtained agaimt the property ofthe Purchaser, or said parries in or an a result of such suits or other proceedings,
the Seller will at once cause the same in be dissolved foal discharged by giving bond or omerwise. The Seller and
his contractors shall take all safety precaurions, famish and imtall all guards necessary, for me prevention of
accidents, comply with all laws and regulaiom with regard re affray including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant memo.
Revised 030010