HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9146713PO
PURCHASE ORDER 914671er Page
C117/ of PURCHASE
46713 t of z
' `t Collins/ hisnumber must appear
` v ` �7 on all invoices, packing
sli s and labels.
Date: 11/17/2014
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: 11/17/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 CONSULTING SERVICES
STREAM REHAB/ENHANCE FROG
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
51,480.00
Total $51,480.00
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. COMMERCU L DEfAl1S.
Tax exemptions. By stature the City of Fort Collins is exempt fmm more and local taxes. Our Exemption Number 6
11. NONWAIVER.
98-04503. Federal Excise Tax Exemption Cortificde of Registry 84-6000587 is registered with the Calmer, of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by two failan to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of
say of the wananties or obligations of this purchase order and shall not be domed a waiver of any right of the
damage in transit may be returned to you for credit and are not to be replaced except upon receipt of written
Purchaser to insist upon strict performance hefeofor any of its rights of remedies as m any such goods, moot .
instructions firm the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned
and modification or rescission of this pruchase order by the Purchaser operate as a waiver of any of the owns
Inspection. GOODS see subject in the City of Fart Collins inspection an wrival.
hereof.
Final Acceptance. Receipt of the meroharrdise, services or equipment f response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
amhodaed payment oa the pent of the City of Fiat Collins. However, m is m be understood that FINAL
Seller and the Purchaser recognize that in acmal a is practice, overcharges resulting from antitrmst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures,
violations are in fact home by the Purchase, Theremforenfotr good cause and u consideration for executing this
Purchase code, the Seller hereby assi®ts to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments ..at be F.O.B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such commands relating 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 by the Purchaser pursuanuo this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manuf.e. have dowituting points as vsmous pans of the country, shipment is
Ifihe Purchaser directs the Seller to rurro t nonconforming or defective goods by a date mho agreed upon by the
expected fmm the nearest distribution pains to destination, and excess fight will be deducted fmm Invoice when
Purchaser and the Seller, and the Seller Recondite, indicates its mobility or nnwillingness to comply, the Pmchaaer
shipments are made firm greater distance.
may wuse the work to Its, performed by the most expeditions means available ro it, and the Seller shall pay all
costs moveiated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, consultants and licenses required by all
applicable laws, regulations, ordinances and roles of a, state, municipality, monitory or political subdivision where
the work is performed, or required by any other duly cunstimted public authority havingjurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss
incurred by them by remain of an assured or established violation of any such laws, regulations, ordinances, roles
and requirements.
AutMrmation. All ponies to this contract agree that the remosenulives are, in fact, bare fide and possess full ard
complete authority to bind said prior,
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional team and conditions annexed hereto or incorporated herein by
reference. Any additional or different teas and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immNimely ifyou cannot make complete shipment to arrive on your
promised delivery, date as noted. Time is of the ma nce. Delivery and performance most be effected within the time
stated on the purcbae order and the documents attached hereto. No acts of the Purchasers including• winner
limimtim, accent. influential late deliveries, shall plane n a waiver of this provision. In the event ofeny delay,
the Purchaser shall have, in addition in other legal and equitable remedies, the option ofplooing this order elsewhere
and bolding the Seller liable for damages. However the Seller shall not be liable for damages n a own of delays
due to causes not reaw.My foreseeable which are beyond its rea..blu control and without its fault of negligence,
such was of God, acts of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser withim five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the data of delivery shall be
extended for the period equal to the time actually last by reason of the delay.
3. WARRANTY.
The Seller wamnts that all good, articles, wererims and work coveted by this order will conform with applicable
drawings, specifications, samples maker other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of core and comperence in accordance with accepted standard for work of a
imilar nature. The Seller agrees m hold the purchaser harmless Gom any lass, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without coat to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable worranry provided by the Seller after the date of
acceptance of the goads famished hereunder (acceptance not to be umwsonably delayed), resulting from imperfect
or defective work done or materials fualshed by the Seller. Acceptance or use of good by the purchaser shall not
consturn a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunto shall extend to all damages proximately round by the breach of any of the foregoing warranties
or guaranies, but such liability shall in no event include lost ofpmfits or loss of rase. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by write. change order.
5. CI IANGFS IN COMMERCIAL TERMS.
The Purchase, may make any changes to the tames, other than legal wnax,. including addition to or deletions fmm
the quantities originally colored in the specifications or drawings, by verbal or written change order. If any such
change affects that amount due or the time ofpwfnmrance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS,
The Purchaser may at any lime by wrten change order, terminate this agreement as to any or all portions of the
gxds then not shipped, subject to any equitable adjustment between the parties 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/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for commands mat be amend within thirty (30) days from the dam the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in stria
compliance with all applicable laws and regulations to which the goads 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 we hereby incorporated herein by this commerce. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser ns a resort of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, sorefer, m convey this other, or any monies due or to become due hereunder without the
prior wnnen count ofthe other may.
IO. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement free and clear of any and all liens, restrictions, reservations, soundly interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the perfOmtwce clinch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors. .hirerswall employees af.cb Pray.
The Sellers contractual obligations, including wasi shall and be deemed to be reduced, in any way, beers.
such work is pert eel 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, paten[, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or proem in connection with the contract wad
shall indemnify the Purchaser for any con, expense or damage which it may be obliged as pay by reason of such
infringement at any time during the persecution or ufla the completion of the woh. In rase said equipment, or
any pan there,' or the intended use of the good, is in such suit held to constitute infringement and the use of
said equipment or pan is ordained, the Sella shall, at its own expense and at its oPtimr, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
normdringiag equipment, or modify it so it becomes noninfdnging
15, INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or aware for any of the Sellers property or business, this order may f Mwith be canceled by the
purchaser without liability.
16. GOVERNING LAW.
no definitions, of terms used or the interpreutiem of the agreement and the rights of all parties hneurider shall be
mrssmned under and governed by the laws cruse State of Colorado, USA.
The following Additional Conditions, apply only in cases where the Seller is to perform work hereunder,
including the sent. of Sellers Remaxentatici flak oa the premises of miters.
17. SELLERS RESPONSIBILITY.
The Seller shall warty, on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in rase of any accident, destruction or injury to the work m&or materials Infirm Sellers fired completion and
acceptance, complete the work at Sellers own expmm, and to rise satisfaction of the Purchaser. When materials
.it equipment are famished by others far installation or ereaian by We Seller, the Seller shall reccics. unload,
.ore and handle some d the site and become respouible therefor as though such mmeria6 anger equipment
were beirgf ish<d by use Seller maker the order.
IS. INSURANCE.
The Seller shall, an his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work mowed by this purchase order,
anger to their dependents in accordance with the laws of the site in which the work is to be done. The Seller
shall also came comprehensive general limil it, including, but not limited m, contractual and automobile public
liability insurance with bodily injury and death limits of at least S30g00(I for any one person, S500,000 for any
accident and property damage limit per accident of &BROW). The Seller shall likewise require his
commoners, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employes ihaR do any work upon the premises of others. the SeOer shall famish the Purchaser with a ertilcmt
that such compensation and insurance have born provided. Such certificates shall specify the date whom such
compensation and in ce have been provided. Such e.shall specify the date when such cumna petion
and in expires The Seller agrees that such compensation and insurance shall be maintained until aRer the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or rmwn whatsoever to persons or properly roused by or resulting fmm the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchases and any
or ell of the Fundaments officers, agents road employes from and against any and all dims, losses, damages,
charges or expenses, whether direct or indirect, and whether to person or property m which the Ptucbeser may
be put or wilder by rmwn of any act action, ...Intl, omission or default on the pan of the Sella, any of his
contractors, or any of she Sellers or contractors officers, agents or employes. In case any suit or other
proceedings shall be brought against the Purchnsm or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his commctors or any of its ao
their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to
defend use same at the Sellers own expense, to pay any and all casts, charge, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employces in such suits or other proceeding; and in case judgment or other Em he placed upon or
obtaiad against the property of the Purchases, or said parties in or as a result of such suim or other proceedings,
the Seller will st once cause the same to be dissolved arm discharged by giving bored or mherwim. The Seller end
his contractors shall take all safety precautions, famish and instelt all gaud necessary fro the Intonation of
accidents, comply with all laws and regulations with regard to safely including, but without Radiation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 072014