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HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9144765Fort Collins Date: 08/18/2014 Vendor: 102630 AYRES ASSOCIATES INC PO BOX 270460 FORT COLLINS CO 80527-0460 PURCHASE ORDER PO Number Page 9144765 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: 08/18/2014 Buyer: PAT JOHNSON N ote: Line Description UOM Unit Price i WO # SCP-SR&E-08042014 1 LOT LS PROVIDE DESIGN SERVICES FOR THE ENVIRONMENTAL DATA GATHERING PHASE OF THE STREAM REHABILITATION AND ENHANCEMENT PROJECT FOR MAIL CREEK SEGMENT FROM THE SPILLWAY DAM DOWNSTREAM TO MAIL CREEK LANE 7084 Consulting Engineer for 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:purchasing@fogov.00m Price 48,461.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tends and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt from slide and local taxes Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 E registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Species I973, Chapter 39-26, 114 pd) Goods Exposed, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of wrime instructions from the City effort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorined payment on the pan of the City of For Collid, Howeve, it is to be understood that FINAL ACCEPTANCE re dependent upon completion of ell applicable required inspection procedures. Freight Tema Shipments must be F.O.B., City of Fun Collins, 700 Wood St., Fart Collins, CO 80522, pules otherwise specified on this order. If pemisaion is given to prepay freight and charge seated, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturer have distribution points in various parts of the country, shipment is expected from the nearest distribution point to destmerron, and excess freight will be deduced from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the stole, municipality, territory 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 Collins homeless from and against all liability and loss incurred by ahem by reason ofun assded ar established violation of any such laws, regulaims, oMomes,, miss and bacturearents. Authmication. All parties to this come at agree that the representatives are, in fact, band fide and possess full and complete authority to bind said Forties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance is the terns and conditions stated herein set forth and any supplementary or additional tends and conditions annexed hereto or incorporated herein by reference Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive can your promised delivery dote as noted. Time is of the essence. Delivery and performance must be effected within the time stated im the parehose order and aid dowments attached hereto. No acts of the Purchasers including, without Induction, acceptance ofpanlal late deliveries, shall erace as a waiver ofthis provision. In the event of any delay, the Producer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays due an causes not reasonably foreseeable which are beyond its reassemble control and without its fault ofnegligence, such acts ofGd, acts uncivil or military authorities, govammenal priorities, fires, strikes, Rood, epidemics, wars or 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 date of delivery shall be extended for the period equal to the time actually last by reason often delay. 3. WARRANTY. The Seller wareanls that all goods, anieles, materials and work covered by this offer will conform with applicable doorstops, specifications, samples and/or other descriptions given, will be fit for the purposes remained, and performed with the highest degree of care and competence in accordance with accepted spindards for work of a -similar nature. The Seller agrees to bold the purchaser harmless from any loss, 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 cast to the purchase, any defects or faults arising within one (1) year or within such longer period of time ss may be prescribed by law oc by the terms of any applicable warranty provided by the Seller after the dare of acceptance of the goods furnished hereunder (acceptance not to be unreawunbly delayed), resulting from imperfect or defective work done or materials Nmished 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 warranties or guarantees, 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 TERMS. The Purchaser may make changes to legal terms by widen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change takers the mount due or the time of perfortnenee harmader an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written Change order, terminate this agreement as to any or all Pomona of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchased 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 goods which are the Sellers standard stock. No such termination shall relieve the Purchaser m the Seller of any of their obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within Tatly, (30) days from the dote the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder skill have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller skill execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations respond to be nc notated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase' handless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither may, shall assign, hpnsfe, or convey Nis order, or arty monies due or to become due hereunder without the prior "lien consent ofthe other parry. 10, THUE. The Seller warrants full, clear and utuestricred tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and Bear of any and all fiats, descriptions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaur to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly natty the Seller in the event of a branch, the acceptance offer payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase offer and shall not be deemed a waiver of any right of the purchaser be insist upon strict performance hereof or any of its rights or remedies as to any such goods, regafflees of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purparted oral modification or rescission of this purchase offer by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Nat in actual ec mouse paclice, ovemhages resulting Gem amin tad, violations are in fact home by the Purchaser. Theretofore, for 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 acquired under federal or spite antitrust laws for such overcharges relating to the pre ieulur 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 a coned nonconforming or defective 6mods by a date to be 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 re it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its camracaa of any tier from all liability and claims of any ma e resulting from the performance oferch work. This release shall apply even in the event of fault of negligence of the any released and shall extend to the directors, ofi ere and employees of such parry. The Sellees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused as be performed by the Purchaser. 14. PATENTS. Whereat, he Seller is requird to use any design, device, material or process covered by Race, patent o-ademark or copyright, the Seller skill 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 process in connection with the commcL add shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of agar 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 constitute infringement and the use of mid gnip.t or part is enjoined, the Seller shall, at its own expense and at its option, either practice for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or baNrmpt, make an assignment for We benefit of creditors, appoint a posiver or trustee for any of the Sellers property or business, this order nay forthwith be canceled by the rc Puhaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be common under and governed by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers R mewmative(s), on We premise ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and skill, in use of any accident, destruction or injury to the work and/or ma vends before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of are Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, dare and handle same at the site and become responsible therefor res though such materials .&a, 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 occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase order, and/or to their depended¢ in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 fur any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and mourrow,have been provided. Such certificates shall specify the dune when such compensation and insurance have been provided. Such certificates shall specify the date when inch compeusation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained =in after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and Nobility for any and all damage, lass or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided farm this purchase offer or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr Of of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persona ar property to which the Purchaser may be put or subject by mason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors oRicers, agents or employees. In case any suit or other proceedings Will be brought against the Purchaser, or its officers, opera 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 contractors 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 in Sellers own experrse, a pay any and all costs, Barges, mwmeys fees and other expenses, any and all judgments that maybe incurred by or obtained against the Purchaser or any 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 Purchase, or said pries 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 band or aNerwiae The Seller add his contractors shall take all safety precautions, furnish and insall all guards necessary for We prevention of accidents, comply with all laws and regulators with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued presuam Hereto. Revised 072014