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HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9146974Fort Collins Date: 11/26/2014 PURCHASE ORDER Vendor: 102630 AYRES ASSOCIATES INC 3665 JFK PARKWAY BLDG 2 SUITE 200 FORT COLLINS CO 80525-3152 PO Number Page 9146974 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: 11/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSULTING SERVICES WO #13 HALLIGAN RES ENLARGMENT 7084 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.00m 1 LOT LS Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenths and Conditions Page 2 of 2 1. COMMERCVJ.DETAII.S. Tax exemptions. By sumte thc City of Fan Collin is exempt from sure and local taxes. Our Exemption Number is 98.04502. Federal Excise lax Exemption Certificate of Registry g4or(K) ] is regismand with the Collector of Internal Revenue, Denver, Colorado (Rep Colorado Revised Statutes 1973, Chapter 39-26,114 (a). Goads Rejected. GOODS REJECTED due to failure to meet sped ficutions, either when shipped or due to defects of damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of wromn instructions from the City of Fart Collins. Instruction. GOODS are subject to the City affair Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, snarcices or equipment in response to this oNer am result in autlerned payment on the pan of the City of Fort Collins. However, it w to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable national l inspection pmxdures. Freight Terms. Shipments must be F.O.B., City of From Collins, 700 Wood SL, Fart Collins, CO 80522, unless otherwise specified oa this order. If permission is given to prepay freight and charge sepaamly, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dimdbming paints in various parts of the many, shipment is expected form the nearest distribution poim to destination, and excess freight will be disbarred front Invoice when shipments are made firm gremef distance. Permits. Sella shall procure at sellers sole cast all necessary, permits, artiftcous and licerno required by ell applicable ID., regulation, oNirunccs and .)us of the mute, municipality, arramy Or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction ova the work of vendor. Sella Rather agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by marmn of an asserted or established violation of any such laws, regulation, ordinance, roles and rauircmcnrs. Authorization. All panics to this contract agree that me aprceentatives art, in fact, hours fide and passexc full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accept,,. to the toms and conditions stated herein set forth and any supplementary or additional mars and conditions amered hereto or incorporated herein by reference. Any additional or different terms and condition pmposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you Cannot make complete shipment w arrive on your praised delivery d,a n noted. Time is of the essence. Delivery and perfrmance rant be effected within the care stated on the purchase order and the documents attached hereto. No acts of the Ptuchasers including, whit ut Initiation, acceptance ofpartial late deliveries, shall made, as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition to other legal and equitable comedies, the option ofplacing this order elsewhere and holding the Sella liable for damage. However, me Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its r..cubic canal end without in fault of negligence, such acts of God, acts ofcivil or military wal onties, governmental priorities, fires, strikes, Bond, epidemics, wars or riots 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 me period equal to me time actually lost by reason ofhc delay. 3. WARRANTY. The Seller warrants that all good, edition, mammal, and work Covered by this order will conform with applicable drawings, specifiwdan, samples anchor other deseripsian given, will be fit for the PuNna intended, and performed with the highest degree of core and competence in accordance with accepted sundads for work of a similar nature. The Sella agrees to hold the purchaser harmless from any lass, damage or expense which the Purchases may suRa or incur on account ofine Sellers breach ofw..V. The Seller shall replete, repair or make gaol, without cost to the purchaser, any defeats or faults raising within one (1) year or within such longer period of time as may be prownbW by law or by the terms of any applicable warranty provided by me Seller after the data Of accctance of me good furnished hereunder (ace,mace not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not Ontimte a waiver of any claim under this warranty. Except as olherwio, provided in this purchase order, the Sellers liability hasunda shall extend to all damages pmxhrarely caused by the breach of any of the fnagoing wmra rma or gromntces, but such liability shall in an event include lass of prefix or 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 terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any Changes to the arms, other Chan legal tcmu, including nddniom to or deletions from the quantities Originally ordered in the specifications or drwings, by verbal Or written change .,de,. If any such change affects the amount due or the time of performance hereunder, ram equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change Color, terminate this agreement as to any or all portion of the goods then not shipped, subject to any amicable adjustment between the pries w to any work at materials then in pmgness provided that wax Purchaser shall not be liable for any claims Sol anticipated profits on the uncompleted Motion ofthe goods anchor work, for incidental or awasedential damages. and that w such adjustment be made in favor ofine Seller with respect to my goad which are the Sellers standard stock. No such commission shall relieve the Purchaser or the Sella mfmy of their obligations as hi coy good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within Shun (30) days from the date the change or termination is ordered. B. COMPLIANCE WITH LAW. The Seller warrants mat all good sold hereunder shall have been produced, wild, delivered and fumished in strict compliance with all applicable laws and regulations to which me gaol am subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be manufactured in agreements of this ebaecser ere hereby incoryonted herein by this reference. The Seller agrees to indemnity and hold the Purchaer harmless Sam all costs and damages suR d by the Puchawr n a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my nwnies due or to become due hereunder without the prior written commit ofthe other party. 10. TITLE. The Seller warnmts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumished in performance of this agreement. free arm clear of my and all lien, restriction, motivations, security interest encumbrances and claims ofomers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict par nuance Of the terms and conditions hereof, failure or delay on exavisy rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, anthe acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not be dmmed a waiver of any right of the puahaver to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported Orel modification ar rescission of this pumbase order by the Purchaser operate n a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser cocagnia, mar, in actual «owmde practice, moumbmges resulting fmm antitrust viclafimn are Ira fact theme by the Pushover. Ther wfore, fen goad cause and as comidemtian for executing this purchase order, the Seller humby assigns to the Purchaser any and all claims it may now have or hereafter sax,med coda federal a state antitrust laws fen such Combat t relating to me per iculm goods or smiers purchased or acquired by the Purchaser pursuer In this purchase oNer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purhaser and the Seller, vM the Sella thematic, indicates its inability a, unwillingness to comply, the Purchaser may cause the work to be performed by me most expectations ream available to it, and the, Seller shall pay all costs associated with such work. The Seller shall alcove the Purchaser and its contractors of any tier from all liability and claims of any name resulting from the perfomancc ofa.,h work. This release shall apply even in the event of fault of negligence of the newly released and shall extend to the directors, officers and employees ofsuch patty. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfunned or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is critical to use any design, device, matcnal or process wavered by letter, patent, trademark or copyright, the Seller shall immunity and save harmless the Purchaser firm any and all claims for infringement by reason of the use of such patented design, device, material in process in connection with the commer, and shall indemnify the Purchaser for any cost, expema or damage which it may be obliged to pay by reason of such inlringanem at any time during the prusmrtion or after the completion of dre work. In case said equipment, Or any pan thereof or the intended use of the good, is in such suit held to Comtitua infringement and the um of said equipment or Ism is enjoined, the Sella shall, at to own cxpeme and at its option, either nroaue fen the Purchaser me fight to continue using said equipment or pans, replace the some with substantially equal but noninfringing equipment, or modify it so it becomes mainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the bereft of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith ba canceled by me Purchase without liability. 16. GOVERNING LAW. The definition of fern used or the interpretation ofshe agreement and the nghas of all ponies M1creunder still be coranued under and gomaned by the laws Of Clot Scale of Colorado, USA. The fallowing Additional Condition apply only in cases where the Sella is w perform work hereunder, including the services of Sellers RepreunUtive(s), on the premises ofomers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Seller's own risk can the same is fully completed and accepted, and shall, in as, of any accident, destruction or injury to the work wavor materials before Settees final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser When materials and equipment art frmishal by others for installation or erection by the Sella, me Sella shall receive, umsd, shire and handle same at the site and becomr, m aponible therefor as though such materials andmr equipment were being famished by der Seller ander go order. 18. INSURANCE. The Seller shall, in his own expeme, provide for the payment of workers comperwmm. including accuyronal disease benefits, or its emplUers employed an or in ronraction with the work mvertd by this purchase Cuba, ends., to mein dependents io accordance with me laws of the sure to which the work is to be done. The Sella shall also carry comprehensive general liability including. but not limited to, minimum and automobile public liability insurance with bodily on, and death limits of at least S300,000 for any one person, S500,000 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 tar his contmctors employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser wish. certificate that such wmpenmion and insurance have been provided Such certificates shall specify de, date when such compensation and insurance have been provided. Such emificates shall specify the, rite when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me retire weak is Completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asmnrcs the entire rapomibilihe and liability for any and all damage, lass a injury officer kind azuwhatsoever w permm or property, caused by or resulting fmm the execution of the work proci lm for anthre is purchase order or in connection herewith. The Sena 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, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be par or subject by corn of any act, action, neglect, omission or default on the pan of the Seller, any of his conmce., or any of the Sellers or contmctors officers, egunts or employees. In Co. any suit or other proceedings shall be brought against the Purchaser, or its .Dian, agents of employees at any time on account or by Consent of any art, action, neglect, omission or default of the Seller of any of his contraction or my of its or their officers, agents or employees as aforesaid the, Selle, hereby agrees to assume the defense thereof and as defend the same at the Sellers own expense, w pay my and all costs, charges, madcap, fees end other expenses, my and all jndgmems spat may be incurrd by or obtained against the Pruchasa or my of its or their officers, agents or employees in such suits in weer proceedings, and in ene judgment or other lien be placed upon a ,diden ow against the property of he Pro cbasa, or said ponies in or n is result fsuch wits or other poceedings, the Seller will at once come the same to le dismlved and discharged by giving bond ar Nhwwisc. The Seller and his contractors shall take all safety precaution, furnish and mull d1 guard naessary, for the provocation of accidents, comply with all laws and regulation with regard to safety including, but without Irmltation, the Occupational Safety and Health Act of 19]0 and all rates and regulation Issued pursuant thereto. Revised 07/2014