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HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9145214Fort Collins Date: 09/10/2014 Vendor: 102630 AYRES ASSOCIATES INC PO BOX 270460 FORT COLLINS CO 80527-0460 PURCHASE ORDER PO Number Page 9145214 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: 09/10/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t WO # SCP-SR&E-09042014 CONSULTANT ENGINEERING 1 LOT LS PROVIDING CONSTRUCTION ADMINISTRATION AND RESIDENT ENGINEERING FOR THE FOSSIL CREEK REHABILITATION & ENHANCEMENT PROJECT JUST NORTH OF FOSSIL CREEK COMMUNITY PARK WEST OF LEMAY AVENUE 7084 Consulting Engineering 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@fcgov.com 63,465.00 Total $63,465.00 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 I. COMMERCIAL DETAILS. Tax exemptions, Bystatute the City arrow Collins is exempt from sure and local taxes. Our E.xemptim Numberis II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cernifeme of Registry 84.600058) is regieleml witb the Collector of Failure of the Purchaser to insist upon crier perfomrmce of the team 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 low, failure to promptly notify the Seller in the even, of a breach, the acceptance of or payment for goods hereunder or approval order design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in amain, may he mammal to you for credit and am not to k replaced except upon receipt of women purchaser to insist upon strict perfommnsr herring. any of its rights or remedies as to any such goods, regardless imbuctiam from the City of Ton Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any imported am[ modification or resdssion of this purchase order by fie Purchaser operate m a waiver of any of the terms Inspection. GOODS am subjmno the City of Fort Call. inspection oa waral, hereof. Fired A leptana. Receipt of the merchandise, .¢nicer or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. connected payment on the pan of the City of Too Collins. However, it is m be understood that FINAL Seller and the purchaser recognize that in wool monsoon, practice, ova gas resulting fmm antitnast ACCEPTANCE is dependent upon completion stroll applicable required inspection prosecution. violaaPu ians re in fact home by the mM1 n Themaofore, 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 Freight Terms. Shipments most be F.O.B., City of Fort Collins,'/00 Wood St, Too Collins, CO 80522, unless acquired under federal m state antitrust taus for such Vericleal remain, to the porticulur goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the anginal freight purchased or acquirM by the Purchaser Pursuant m this purchaw order. bill ram accompany inside, Additional charges for packing will not he accepted. Shipment Distance. NTere n,anufalurers have dimibuting points in various pans of the country, shipment ex expected farm the nearest distribution point to destitution, and excess freight will be dducted from Invoice when shipments are made fmm greater ilk... Permits. Seller shall procure at sellers sole cast all necttssry .as, cenifiames and licenses al cunt by all applicable laws, regulations, ordinances and rules afthe state, municipality, tenimry or political subdivision where fie work is performed, or required by any other duly conducted public authority havingjunsdictian over the work of rva d.r. Seller further agrees to hold the City of Fort Collins htumless from road against all liability and loss internal by them by reason of at resented or established violmlon of any such laws, regulations, ordinances, ales bad requirements. As fmieation. All panics to this contract agree That file represem hives an, in fact, bona fide and possess full and complete authority to bind said Parties. LIMITATION OF TERMS. This Purchase Order expressly limits nccepmnce to the terms and candifons stated herein set fah and any wipplemadary or artificial terms and conditions annexed harm or incorporated herein by reference. Any additional or different teats and conditions proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. To.. is of the essence. Delivery, and perfmaance must be effected within the time stated on the purchase order cad the ducumems rehashed herew. No is of the P... M1.aers including, ripsaw Transfer, acceptance criminal we deliveries, shill oMmte as a wontr of this provision. In he event of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of pacing this order elsewhere and holding the Seller liable for damages. However, Ibe Seller shall nal be liable fur damages as a result of delays due to camws not reasonably foreseeable which are beyond its reusomble control and without ifs fault of negligence, such acts of find, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or nos provided that notice of the conditions causing such delay is given to he Purchaser within fise (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 lime amualiy lost by reason of the delay. 3. WARRANTY. Toe Seller warrants that all goals, amides, materials and work covered by this order will Warman with applicable d,awin,s, smcifirmi.w. simples and/a, ,her descriptions given, will be fit for the purposes intended, and perfamhed with the highest degree of cure and competence in accordance with accepted standards for work of a similar aware. Thu: Seller agrees m hold the purchaser harmless from any loss, donsage or expense which the Purchaser may stiff or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, withom cost to the ptachamr, 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 Incas of any applicable warming provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be a unwar ably delayed), resulting from imperfect err defective work done or materials Famished by the Seller. Accepbnte err 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 fare,oin, wamannes or guarantees, but such liability sM1all in no event include loss of pmlim or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGACTRRMS, The Pmchnser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The PureM1mrmay make any changes to the twins, other than legal traw, including additions to or deletions from the quarmities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aRects fie amour due or the time ofperformance hereunder, on equitable adjustment shall be made. 6. TERFIBNATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all poniom of the goods fen not shipped, subject to any equitable adjustment between the pities ex to any work or materials then in progress provided that the Pumham shall not be liable for may claims for anticipated profit on the uncompleted ,onion of the goods and/or work, fro incidental or consequential damages, and that no such adjmrmert be made in favor of the Seller with r,specc ca any goods which art fie Sellers standard slack. No such nermbtalm shall reline the Purchaser or the Seller of any oftheir obligations as to any goods delivered heremades. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thing (30) days fmm the date the change or economical is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fiunished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shell execute and deliver such dauments as may be required to effect or evidence compliance. All laws and regulations referred to be incorporated in agreements of this crumble, are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purehmer harmless fmm all costs and damages stiffened by the Purchaser as a result of fie Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this under, or any monies due or to become due hereunder without fie prior wrinen consent of fie other party. 10. TITLE. The Seller warrants FaII, clear and unresfriCed title to the Pumhaser for all equipment, materials, and items Punished in peRcmance of this agreement. Gee and clear of any and all liens, restrictions, reservations, mainly interest encumbrances and claims ofahers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffle Purchaser directs the Seller to correct nonconforming or defedre, goods 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 walk to he p� rated by the most expeditious mamas available to it, and the Seller shall pay all costs associated with such wart. The Seller shall release the Purehmer and its combustion, of any tier fmn all liability and claims of any aatum resulting from the performance ofwah work. This release shall apply even in the event of fault of negligence of the party released and shall exerad to the direerom, ofirers and employees of such Party. The Seller's canmetual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pedoamed or caused to be, performed by the Pumhaser. 14. PATENTS. NTenmer the Seller is annual to use any design, device, maenad w press covered by lever, patent, fmdemak or copyright, the Seller shall indemnify, and save hordes, the Pumhaser from any and all claims for infringensnt by reason of fie use of such patented design, deice, mmenal or process in comedian with the co sb ct, and shall indemnify the Pnrcluuer for any cost, expense or damage which it may be obliged to pay by reason attach infringement at any time during the prosecution or after the completion of fie work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute inGngemenl and the use of said equipment or Pan is enjoined, the Seller shall, at its own expense and at its option, either picture for the Purchaser the right f continue using said equipment or pans, replace the same with subsmnliilly equal bat naninfringin, equipment, or modify it so it becomes noninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for he benefit of m ere ithrs, a,mint a or trustee for any of the Sellers property or business, this alder may forthwith be c:meeled by the Purchaser without holaby. 16. GOVERNING LAW. The definitions of tenor used or the interpretation ofthe agreement and the rights of all ponies hereunder shall he consumed under and govemed by the laws of the State ofCalamde, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofSclltm Representative(s), oa the reclaims of ushers. IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk unlit the same is fully completed and accepted, and shall, in se of any incident, destruction or injury to fie work and/or arsenals before Seller's final completion and wix,rmce, romplete the work at Shcces own expense and to the satisfaction of the Purchase. When materials and equipment we famished by others for installation or erection by the Seller, the Seller shall receive, unload, store start handle same at the site and become responsible therefor as though such materials and/or equipment seem being burnished! by the Seller under the order. 18. INSURANCE, The Seller shall, al his awn expense, provide for the payment of workers compensation, including occupational 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 fie state in which the work is to he done. The Seiler shall also carry cumprchemive general liability including, but rat limited to, continental and automobile public liability imumnce with baldly Iajury and death limits of at least S300.000 for any one person, 5500,000 let any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, as provide for such compeusation and terminate. Before any of the Sellers or his contractors employees shall do any work upon fie premises of others, the Seller shall famish fie Purchaser with a centificae that such compensator, and insmaae have been prmided. Such certificates shall specify the date when such committeeman, and iasmaae have been provided. Such certificates shall specify the date when such compensation and insurance expims. The Seller agrees chat such compensation and insurance shall tee maintained until after the voice walk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mixtures the entire responsibility and liability fat any brand all damage. loss or injury army kind or nature wlatmever m persons or property Gamed by or resulting from fie execution of the walk provided for in this purchase order m in connection heressith. The Seller will indemnify sour hold harmless fie Purchaser nerd any r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, wher direct or indirect, and wM1ether to persons or papery to which the Purrhmer may be pro or subject by reason of any uL union, neglect, omission or default on the part of the Seller, any of his contractors, or my of the Sellers or contactors oRcers, agents or employees. In eau my suit or other pmccdings shall he brought, slower the Purchaser, or its officers, agents or employees at any time on assort or by reason of any act, action, neglect, omission or default of no Seller of my of his conammors or any of is or thew officers, agents or employees as aforesaid fie Seller hereby stairs to asaune the defense therm( and to defend the same a the Sellers own expense, to pay any and all casts, changes, anomeys fees and other expenses, my and all judgments fat may he incurred by or obtained against the Franchiser or any of its or their oRcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against dae property of fie Putchmeq or said parties in or As a result of such suits or other proceedings, the Seller will at come cause the same to be dissolved and discharged by giving bond our reformist. The Seiler and his contractors that take all samry precautions, famish and iusall all gmrk neeesmry for the prevention of accidents, comply with all laws and regulations with regard to safety including• but without formation, the Occupations[ Safety and Health Act of 1970 and all ales and regulations issued por at thereto. Revised 07n014