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Home My WebLink About102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9143986City of �F.`o_rt Collins Date: 07/15/2014 Vendor: 102630 AYRES ASSOCIATES INC PO BOX 270460 FORT COLLINS CO 80527-0460 PURCHASE ORDER PO Number Page 9143986 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 07/15/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I E. Prospect Bridge Rplcmt. WO #07-254902110-14 1 LOT LS 7084 Consulting Engineers for Water, 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:purchasing@fcgov.com 54,990.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condit ors Page 2 of 2 1. COMMERCIAL DETAILS Tax exemptions. By statute the City of Fort Collins is exempt from state and local made. Our Exemption Number is I L NON WAIVER. 98-04502 Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon slam pmfrmanm of the toms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (of exercise any rights or remedies provided herein or by law, failure to promptly notify the Seiler in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design shall not release Ne Seller of Goods Rejected. GOODS REJECTED due as fail... to meet specifications, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rumored to you for credit and are not to be replaced except upon receipt of warn Purchaser to insist upon wrist performance hereof or any of its rights or remedies as to any such goods, regardless inatruetim s Qom the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate is a waiver of any of the Was Inspection. GOODS are subject m the City of Fort Collis inspection on arrival, hereof. - Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fad Collins. However, it is I. be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust r ACCEPTANCE is dependent upon completion ofall applicable requital inspection procedures. violations are in fact home by the Purchaser.Theretoforefor good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Team. Shipments must be P.O B., City of Fort Collins. 900 Wood St, Fort Collins. CO 80522, unless acquired under ..deal or state antitrust laws for such overcharges relying 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 w acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where m nufedurem have distributing points in vationces, pans of the .ry, comshipment is on expected from the neareat distributipoint to destination, and excess freight will be d fortedfrom Invoice when shipments are made farm great, distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regularmard, ordinances and tales of the state, municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public authana havingjunsdictinn over the work of vendor. Seller further 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, tales and r quiremen s. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess bull and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams end conditions stated herein set forth and any supplementary or additional terms and conditions annexed laren, or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ayou cannot As complete shipment to move on your premised delivery date as noted Time is ofthe essence. Delivery and p ofonnmre must be effected within the lime stated on the purchase order and the documents atached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late delivered, shall ,paw, as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal vnd equnable remedies, the option of placing this ,it,, elsewhere and bolding the Seller liable for damages. However, the Sell,, shall not be liable for damages as a result .f delays due to causes not reasonably foreseeable which are beyond its reasonable cetnrul and without its fault of negligence, such ads of Gad, is of civil w military authorities, governmental priorities, fires, strikes, flood, epidemics, ware m dots 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 dale of delivery shall be extended for the period Orion to the time actually lost by reason of Ire delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions giver, will be fit for the purposes amended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mare. The Seller agrees to hold the purchaser formless from any loss, damage m expense which the Purchaser may suffer or inenr on account ofthe Sellers breach otwaaanry. The Seller shall replace, repair or make good, without cost in the purchaser, any defects or fanits 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 warranty provided by the Seller after the date of acceptance of the goods finished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as 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 isactuaries or guarantees, but such liability shall in no event include loss of probe ar loss of use. 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 of the terms. other Than legal terms, including additions P. or deletions from the gm infer; originally ordered in the spec flemons or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperf rmance hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purshmer may at any time by women change order, terminate this agreement as to any or all portions of the goods than tat shipped, subject to any equitable abashment between the parties we to any work or materials then is 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 deal no such adjustment be made in favor of the Seller with resp,no any goods which are the Sellers smadam stock No such termination shall relieve the Purchaser or the Seller of any of their obligations as many goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date be change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict compliance with all applicable laws and regulations to which the goods arc 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 chamaer are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold be Purchaser hamdess from all boss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior women consent cribs other party. 10. TITLE. The Sella wanams f.14 clear and unrestricted title to the Purchaser for al l equipment, materials, and it. fumisned in performance of this agreement, free and clear of any and all liens, restrictions, reservmioru, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. lithe Purchaser brans the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, are Purchaser may cause the work to be performed by the most expeditious means available to it, read the Seller shall pay all cost, associated wish such work The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work This release shall apply even in the event of fault of negligence of the party released and shall camid to the directors, officers and employees of such party. The Sellers contactual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Paref er. 14. PATENTS. Whenever the Seller is required to any design, device,mreleft,, material or pved by patent, 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 parented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense w damage which it may be obliged to pay by mama of,.ah infringement 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 corroi ste infringement and the use of said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to centime using said equipment or pans, replace the same with substantially equal but noninfngmg equipment, or modify it so it becomes mnuf rmug. 15. INSOLVENCY. If the Seller shall become insolvent or baNtmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitium off— used or the interpremlew of the agreement and the rights of all parties hereunder shall be consumed coder and govemed by the laws of the State s fC.lomda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofSellem Represenmtive(s), on tbepro promises Probers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Seller's own ask until the same is fully completed and accepted, and shall, in ass of any accident, deslmaiou or injury to the work annllor materials before Sellers f 1 completion and cceptmce, complete the work at Sellers own expense and to the satisfaction of be Purchaser. When materials and equipment are frmished 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 materials and/or equipment were being famished by me Seller under the order. 19. INSURANCE The Seller shall, at his own expense, pro.dde for the payment of workers mmpetearnar, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or 0 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 to, sent==[ and automobile public liability insurance with bodily injury and death limits of at lwor 5300 000 for any one pane,. $5oycrw for any one accident and property damage limit per accident of S400,00ff The Seller shall likewise require his contmatoa, if any, to provide for such compensation and insurance. Before any ofthe Sella or his contractors employees shall do any work upon be premises of others, me Seller shall famish me Purchaser wish a certificate that such compensation and imumnce have been provided Such ceri .rims shall specify the tinIs when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires -The Seller agrees bar such compensation and insurance shall 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 and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting form the execution ofthe work provided for in this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether diet or indirect, end whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the gummed, 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 comradors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said patties 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 his contractors shall take all safety precautions, famish and install all gmrd, necessary for the prevention of accidents, comply wish all laws and regulmlom with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles=it regulations issued pursuantthereto. Revised 03/2010