HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9143764Fort Collins
Date: 0111412015
PURCHASE ORDER
Vendor: 102630
AYRES ASSOCIATES INC
3665 JFK PARKWAY BLDG 2 SUITE 200
FORT COLLINS CO 80525-3152
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: 01/13/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 wo # SCP-NECCOPh3Final-062514
HYDRAULIC ANALYSIS AND
Moved amount unpaid to new account # on line 2, per E. Switzer. Reduced line 1 by the amount added on line 2.
plj 1/13/15
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
91,396.18
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rchase Order Terms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By same the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sturm, 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, niter when shipped or due m deRcs of
damage in transit may he relumed to you for credit and are not to be replaced excep, upon receipt of wrinen
insured s from the Ciryof Fort Collins.
Inspection GOODS are subject in the City affect Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can cult in
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that r FINAL
ACCEPTANCE is dependent upon completion of all mid icable required inspection procedures.
Freight Terms. Shipments most be F D.D, City of Fan Collins,'/00 Wood St., Fun Collins, CO 80522, or
otherwise specified on this order. Upecorm an is given to prepay freight and charge separately, the anginal freight
all most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have d¢tdbuting poise in carom pans of the country, shipment is
expected from the ratites, dimOotion point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance,
Permiv. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable lows, regulations, ordinances and rates urine stale, municipality, territory or political subdivision where
the work is perfomedd, or required by any other duly constituted public authority having junci iction over the work
of vendor. Seller further agrees to hold the City of Fort Collins; hamdas from and against all liability and loss
incurred by them by moon of a assmaed or established violation of any such laws, regulations, ordinances, roles
and requirements.
Arommaarim. All panics to this contract agree that the representatives are, in fact, boa file and passess full and
complete authariry to bind said parties.
LIMITATION OF TERMS. This Purchase Order s,,c.ly limn, acceptance to the terms and conditions stated
herein set forth and any s11,1ra cus, or additional mats and conditions annexed! hereto or incorporated herein by
reference. Any additional or Offbrem terms and conditions proposed by seller arc objected to and hereby ,cited.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou carrier make complete shipntcm to arrive an your
promised delivery dam as noted. Time is ache essence. Delivery and performance most be eliened within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as is were, of ibis provision. In he event of any delay,
the Purchaser shall have, in addition to other legal and egcimble remedies, the option ofplacim this order elsewhere
and holding the Seller liable for damages. However, the Seller shall art be liable for damages as a result of delays
due 1a causes not reasonably foresmable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, Bees, strikes, road, epidemics, wan or
riots provided bat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first rmeived knowledge berm[ In the evens are, such delay, the date cf delivery shall be
extended for the period equal to the free actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, reticles, materials and work covered by this order will conform with applicable
drawings, specifications, singles anger other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with attepd standards for work of a
miler nature. The Seller agrees to hold the purchase, harmless from 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, witham cost to the purchaser, any defects or fauns setting within one (1) year or within such longer period of
time m nay be prescribed by law or by fire rams army applicable warranty provided by the Seller after the date of
acceparroe of the good famished h avander (acceptance not to W aamsumbly delayed), resulting firm imperiled
or defectve work done or matenas fiuuished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of my claim under this warand y. Except m otherwise provided in this purcbau order, the Sellers
liability hereunder shall extend in all damages proximmely caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or lass of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tears by written change order.
5. CHANGES IN COMMERCIAL TERMS,
The Purchaser may make any changes to the terms, other than legal terra, including nddiuons In m Memena (rota
the quart mV mlly ordered in the specifiwtiom or drawings, by verbal or concert change order. If any such
,bang, atTtxt, the ...at due ai the rime ofperformance hereunder, an mmurtile adjustment Shan be made.
6. TERMINATIONS.
26e purchaser may ut any time by written change order, I sate this agreement :ts to any or all portions at the
goad then not shipped, subject to any imitable adjustment between the parties its to any work or materials then in
progress provided that be Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good anger work, for incidental or commuented damages, and that no such adjustment be made in
favor of the Scllcr with respect a any goods which art the Sellers standard stock. No such rereammion shall relieve
the Purchaser or the Seller army oftheir obligations as to any goods delivered Mrtunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for dj..ment most be asserted 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 surd,
omplience with all applicable Incas and regulations to which the goads are subject. The Seller shall execute and
deliver such documents is may be m quirts to effect or evidence compliance. All laws and regulations disputed to be
incorporated in agreemmts of this chamcter ere hereby incorporated herein by this reference. The, Seller agrees 1.
indemnify and hold the Purchaser hamless Item all toss and damages suhfad by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, van ter, or nor, this order, or any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller warrants full. clear and connected title to the Purchaser for all equipment, malrnals, and items famished
in performance of his agree., free and et. of any and all liens, restrictions, resmatiom, security interest
encumbrances and claims of others.
ILNONWAIVER.
Failure of the Purchaser to insist upon sine, pert tmance of the terms and conditions hereof, failure or delay to
exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach,tthe acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
any of rise warranties or obligations of this purchase order ad shall tat be deemed a waiver of any eight of the
purchaser to insist upon strict performance h dinfor any of its rights or remedies as many such good, regardless
of when shipped, received in accepted, as to any prior or subsequent default hereunder, not shall any pprynrted
ore[ modifration or rescission of this purchase order by the Purchaser operate as a waiver of any of the berms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser mcogni c that in actual economic practice, overcharges resulting from antamed
violations are in Joel home by the Purchaser. Theanchre,fogood cause and m consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under fdleml 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.
Ifdae Purchaser daii the Seller m coned nonconforming a, defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its arability or unwillingness to comply, the Purchaser
may came the work to he performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall relense the Purchaser and its contractors crony her from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in rise event of fault of negligence of the party released and shall extend to the
directors..Beers and employees of such party.
The Sellels imusil od obligations, including warranty, shall not be deemed 1. be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required 1. use any design, device, material or process covered by lease, parent. trademark
copyright, the Seller shall indemnify end save harmless the Purchaser from any and all claims for infringement
by reason of the use of such painted design, device, material or process in connection verb the commit, and
shall indemnify the Purchaser for my cast, expense or damage which it may be obliged an pay by remain of such
infringement at any time during the prosecution or after the completion of the work. In ate said maturing. or
any pan the of or be intended use of the goods, is in such sun, held to comtimm infngemmt and the use of
said c,ipmcm or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right m continue to, said equipment m parts, replace the some with subslanlially equal bur
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benef of creditors, appoint a
receiver or usi trustee for any of the Sellers property or business, this order mM ay fowbe ib canceled by the
purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms mad m the interpretation ofthe agreement and the rights of all parties hereunder shall be
comtmed coder end gwemed by be laws ofthe Sate ofColorada, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sella Represemative(s), on the premises. fathers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellars own risk.. the same is fully completed most accepted, and shall,
in Goes of any aeciden, demur cfon or injury to the work author materials before Sellels final completion and
acceptance, complete the work or Sellels own expense and to the sued fadion of the Purchaser. When armmals
and apartment are famished by offers for installation or erection by the Seller, be Seller shall receive, uolood
store and handle mate at the site and become responsible therefr as bough such nmteeals anger equipment
were being famished by the Seller under the order.
IB. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
damse benefits, to is employees employed on or in connection with the work covered by this purchase order,
anger to their depeMents in accordance whir rbe laws of the state in which the work is m be done. The Seller
shall also tarty compahoaive general liability including, but par limited W. commcmal and automobile public
liability ieumaee on ashay iryury mat deaN time. of at I.-i S300,000 rob any one person. S5owo00 for any
one accident and pmperty damage limit per accident of S400000. The Seller shall likewise require his
if any, to preside for such compcmant end ins e. Before any of Sellers or his conoraams
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and mormnce have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Stich certificates shall specify the dale when such compensation
and insurance expires. The Seller vgren that such compensation and resonance am[] be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any ad all damage, loss or injury of any kind
or nature whatmaer m persons or tragedy caused by or resuhing from the execution ofthe work practical for in
this purchase order or in connedim herewith. The Seller will indemnify and hold hannlas the Purchaser and my
r all of the Purchasers officers, agents and employees from ad against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission ar default on the part of the Seller, any of his
ontracmrs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Parchaseq or as.lficers, agens., employees at any time oa..net of
by reason of any act, action, nigh, omission or default of the Sella of any of his motmctms or any of its m
their officers, agents a, employees as aforesaid, be Seller hereby agrees to assume the defense thermf and to
defend the tame at the Sellers awn expense, 1. coy my it all cents, charges. aturmeys New and other expenses,
any and all judgment that may be incurred by or maind against the Purchaser or my of is or their officers,
agents or employees in such suits in other proceedings, and in case judgment or other lien be placed upon or
obtained against be property ofthe 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 oherwise. The Seller and
his contrail rs shall take all safety preautions, famish and install all guards necessary, for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 ad all rates and regulation issued pursuant thereto.
Revised 07R014