HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9143764Fo t of
Date: 07/02/2014
Vendor: 102630
AYRES ASSOCIATES INC
PO BOX 270460
FORT COLLINS CO 80527-0460
PURCHASE ORDER
PO Number Page
9143764 1of2
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: 07/02/2014 Buyer: PAT JOHNSON
Note
Line Description WUd[R"y UOM Unit Price cmenueu
Ordered Price
t WO # SCP-NECCOPh3Final-062514 1 LOT LS 150,360.00
HYDRAULIC ANALYSIS AND
PREPARATION OF CLOMR FOR NECCO PHASE 3 (ANALYSIS OF LOWER DRY CREEK BASIN OUTFALL)
INCLUDING BNSF AND COE 404 PERMITTING, PLAN SET DEVELOPMENT FOR CONSTRUCTION,
SURVEYING, HYDRAULIC MODELING, CONSTRUCTION ADMINISTRATION, AND AS -BUILT PLAN
DEVELOPMENT
7084 Consulting Engineers for W, WW & Stormwater Facilities
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
Total
Invoice Address:
1
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 DFAIIS.
Tax exemptions. By statute the City of Fort Collins is exempt firm store and local Muss. Our Exemption Number is
98-04502. Federal Emir Tax Exemption Certificate of Registry 84-64WRIS81 is registered with the Criterion of
Inherent Revenue, Denver, Colorado (Ref. Colorado Revised Smats 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to tailors, to meet speeifmtion, cider when shipped or due to defects of
damage in tmMalt may Ise retuma an you far credit and are not m be eardwed excepr upon receipt i f wznhen
instructions firm the City of For Collins.
Inspection. GOODS are subject to the City of ran Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Icons. Shipments must be F.O.B., City of Fort Collins, 700 Word St., ]'an Collins, CO 80522, unless
otherwise specified in, this mdn. If pemrission is given to prepay fengln and charge separately, the original freight
bill most accompany invoice, Additional charge, for packing will not be aceepmd
Shipment Distance. Where manufacturers have distributing prints in various pans of the country, shipment is
expceled from the nearest distribution in, m destination, and excess freight will be deducted from Invoice when
shipments art made from greater distance.
Permits. Seller shall procure at sellers sole cost s11 nocessary permits, cenifcates and littmes requited by all
applimble laws, regulations, ordinances and roles of the state municipality. mrhory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collin harmless from and against all liability seal loss
incurred by them by reason of an assumed or established violation of any such laws, regulations, underscores, roles
and requirements.
Authorization. All parties on this contract agree that the reprexmztive, are, in fact, brim fide and possess full and
complete Milan, to bind Said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits wearmnce to the marts and condition, smta
herein set f rth and any supplementary or additiowl tames and condition annexed hereto or incorporated herein by
reference. Any ish itioml or differenl tame, and conditions proposed by seller are cAl amd to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m enive on your
promised delivery, date n wood, Time is of the essence. Delivery and pert m mire taus' be eReaed within the time
stated on Its purchase order rind the documents attached hereto, No ems of the Purchasers including, without
h irroamr, wevro rice of Pineal late deliveries, shall operate as a waivevoll1 i, proyision. 1. he event of any delay,
the Purchaser shall have, in addition la .,her legal and equitable remaics, the option of placing this order elsewhere
Mid holding the Seller liable for damages. Ho%v,,w, the Seller skill not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, new fit,,[ or military amhontics, gm'emmenml priorities, fires, stakes, Boa, epidemics, wars or
riots provided that notice of the condition caning such delay u given to the Purchase 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 Ire
extender for the penal equal as the time wardly lost by reason ofthe delay.
d. WARRANTY.
The Seller wanmts that dl goods, articles. materials and work covered by his order will conform with applicable
drawings, specifications, rumples andor other description given, will he fit for the purposes intended, and
remounted with the highest degree of care and comperenek in accordance with accepts standards for work of a
sundae mature. The Seller agrees to hold the purchaser harmless fmm any loss, damage m expense which the
Purchaser may suWr or incur on account of the Sellers breach of wareanty. The Seller shall replace, repair or make
good, without cast to the purchases. my defects or faults arising within one (1) year or within such longer period of
time n may be re,cri by law or by the corms of any applicable wammty provided by the Seller after the date of
cceptance of the goods famished hereunder (wcmtmce not to be unreasonably delays), reaching from imperfect
or defective work done or materials Famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this w'artunry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caned by the breach of any of the foregoing wartwu s
or gurmmees, but such liabil Iry shall in no went include [ns, of profits or Ioss of use. NO IMPLIED WARRANTY
OR MERC14ANI'A13ILTTY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser May make changes m legal is. by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other Own legal terms, including additions to or deletions from
the quantities originally ordered in the sperificd'iom or dewings, by verbal or change order. If any such
change affects the amount due or the time ofperformace hereunder. an equitable adjustment shall be Made.
&TERMINATIONS.
The Purchase may at any time by written change ondeq terminate this agreement as to any or all portion of the
goods then not shipped, subject to any equitable sjussmmt between the panic as to any work or materials Shen in
progress Provided that the Purhaser shall nor be liable for any claims for onticipmed profits on the unmmplaa
portion of the goods mrkor work, for incidental or coasequemial damagrs, and that no such adjustnrcnt be made in
favor of the Seller with respect to any goods which art the Sellers standard stock. No such mMmimetion shall reline
the Purchsser or the Seller crony of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most Ix asserted within thirty (30) days fmm the date the change or tnndnatim is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants the] all goads sold hereunder shall have been produced, sold, delivered and famished in strict
ompliance with all applicable laws and regulations to which the gaol are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulation requirs to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hald the Purchaser harmless Bom all costs and damage suffers by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, confer, err convey she, widen, or any manias due of in heeame due hereander without she
prior Savo n consent .1-the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted bile to the Purchaser for all equipment, materials, rind itemsmerchant
in pert once of this i greed mire, free and clear of any and all Item, rssuictlom, roe 1 o u, security interest
encumbrances end claims of othma
11. NONWAIVER.
Failure of Me Purchaser to insist upon strict performance of the burns and conditions hereof failure of delay to
exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the went of a
breach. the acceptance afar payment the goods hereunder or approval ofehe dssign shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not he deemed a waiver of my right of the
purchaser to insist upon saw performance kneader any of its rights or remedies as m my such good, regardless
of when shipped, received or accepted, as to my prim or subsequent default hereunder, our shall any RaToned
mad modification m rescission of this purchase Who by the Purcbaer operate as a waiver of my of the ram¢
hereof
12. ASSIGNMENT OP ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in sctml a ntm o is practice, ahare crgs selling Bout aneiwst
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration be executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for mch mumnuags relining m the particular goods or services
purchased or acquired by the Porelmour pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser defcts the Seller to cost nonconforming or defective goods by a date to ha agreed upon by the
Purchaser and the Seller, and the Seller thereafter 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
costs associated with such work.
The Sella shall release the Purchaser and its contractors of my can firm all liability and claims of any nature
backing farm the perfoearance ofsuch work.
This release shall apply em in the even of fuel' of negligence of the party released and shall extend m the
directors, officers and employees ofsuch parry.
The Sellers commercial obligation, inelnding warranty, shall rat be demand Ir be barred, in any way, beci nse
such work is performed m causes to b<performed by the Purehue,
14. PATENTS.
Whenever the Seller is required to ne any design, device,..renal or process mitered by leetcq pmem, trademark
or copyright, the Seller shall indemnify and save harmless the Pm<haser from any and all claims for infringement
by reason of the use of such peconed design, device, material or process in connection with the commeq and
shall indemnify the Purchaser far any rest, expense or damage which it may be obliged Ice pay by recast of such
infringement at any time during the prosecution in after the completion of the walk. In case said equipment, or
any pan thereof err the intended use of the goes, is in such suit held to constitute infringemem and the use of
said equipment or part is enjoined the Seller shall, al its awn expene and at its option, either procure for the
Purchaser the right 'o continue using said equipment or pans, replace the same with substantially equal but
noninftinging equipment, or modify u so it becomes naninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or hmkmpf make an weligmnew for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may fonhwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of termw Mesa or die interpretation fthe agreement and the rights of all part hereunde shall be
mnwed under Mud govemed by the laws of the Some oTColomdo. USA.
The following Additional Condition apply only in cases where the Seller is to perform work heremder,
including the services of Sellers Repreamentive(sk an the premise ofothees.
❑. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers awn risk until the mire is fully completed and accepted, and shall,
in x of any accident, destruction or injury to the work mdlm mmeriols before Sellers final completion and
.curia rice, complete the work al Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment we fomishs by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such mumnals and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including ottupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents 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 W. contractual and automobile public
liability insurance with bodily injury and death limits of at least S3W,W0 for any one Iverson, SSW,dW for any
one accident and property damage limit per accident of 5400,0(10. The Seller shall likewise require his
omeaemrs, How. to provide for such courpsamion and wormarnme. Before any of the Sellers or hi, mmracrers
employees shall do any work upon the premises of others, the Seller shall famish the Punchwer with a certificate
nal such compensation and insurance have been provided- Such cenifica s shall specify end dare when such
mrgemation and insurance have been provided. Such renificaus shall specify She dire when such compenation
and inessessave expire. The Seller agrees that such compncention and imumnce shall be mamaina until aBer the
entire work is complete and accepts.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby trounces the entire responsibility and liability for any and all damage. low or injury ofany kind
Or nature whamow'er to Persons or Romany moved 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 kimdess the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
c
harges or expenses, whether direct or indirect, and whether to persons or prop ry, to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officer, agents or employees. In case any suit or order
proceedings shall be brought ,,last the Purchaser, or its officer, agents or employees at any lime on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of in, or
their othcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expene. to pay my and all ruts, charges. attorneys fees and mike expenses,
any and all judgments that may be ireco ed by or Weakest against the Purchase or any of its or their officers,
agents or employees in such suits or other proceedings, and m case judgment or other lien be placed upon or
obtained against the property o'the Purchaser, or said parties w or as a result of such suits or other proceedings,
the Seller will at ante cane the same to be dessoh's and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precaution, finish and install all guards necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without Iimimfim, the
Occupational Safety and Heallh Act of 1970 and all rules aced republic. issued pursumt therm.
Revesa 03f2010