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HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - PURCHASE ORDER - 9146990Fort 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 9146990 1of2 This number must appear on all invoices, packing slips 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 ENGINEERING SERVICES CO #1 PO #9130815 1 LOT LS 7084 Consulting Engineers for future WA/VW 8 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 7,535.00 Total 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. By statute the City of Fan Collins is exempt Bom store end local taxes. Do, Exemption Numbs, is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with be Collector of Internal Revenue. Deaver Colorado (Ref. Colorado Revised Statuto 1993. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either what shipped or due to defects of damage in eaasit, may be returned to you for credit ad are not to be replaced except upon receipt of wrinea hawri ime, Dram the City of Fon Colliru. Inspection. GOODS are subject to be City of Fon Collins imitation on arrival. Final Acceptance Receipt of be merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City Of Fort Collins. However, it is to be understood Nat FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be TOM., City of Fact Collins, 700 Wood St, Fair Collins. CO 80522. unless nthmvise specified an this order. Ifpennission is given to prepay fight orb charge srpmntcly, be original freight bill mesa accompany invoice. Additional charge far packing will not be accepted. Shipment Distance. Where numufacbrers have distributing points in rumors pans of the country, shipment is expected fmm the nenrcst distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater disana. Permits. Seller shall pearam, at sellers sole cost all oa., permits, certificates and [is. rtquised by ell applicable laws, regulations, on inum es and rules of be state, municipality, territory or political subdivision where be work is perforated, or required by any other duty cansinud public authority having jurisdiction over be work of vendor. Seller further agrees to hold the City of Fart Collins hvmless from word against all liability and loss endincurred by them by crown of an asserted or established violation of any such laws, regulatiora, on irnme., roles aquinmentc. Authorization. All parties to this contract agree that be mpreunmtives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to be terms and conditions stated brown set forty and any supplementary or addinoml teams and auction amrexd hereto or incorporated herein by reference. Any adddibed Or different arms and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your promised delivery date a s noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of be Purchasers including, without limitation, acceptance informal late deliveries, shall operate as a waiver offaie provision. In the went army delay, the Purchaser shall have, in addition to other legal and a,dable remedies, be option ofpluing this order elsewhere and holding the Seller liable for damages. However, be Seller shall not be liable for damages as a result of delays due to causes not reamnably foresauble which x beyond its reasonable control said without its fault ofnegligmee, inch sirs of God, ran ofeivil or military authorities, governmental prionfes, fires, strikes, Rood, epidemics, wars at dots provided than notice of the conditions causing such delay is given to be 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 be time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will cant with applicable drawings, specifications, samples mNo, other de ccriptiorss given, will be fit for the purposes intended, and Performs] with be highest degree of care and competence in acordane with accepted sandmds for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any lass, damage car expense which be Pumhaser may suitt or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by the terms of my applicable warranty provided by the Seller after be date of acceptance of be goods fumishd hereunder (acceptance not to be measurably delayed), resulting fmm imperfect or defective work done at materials fiunishd by be Seller. Acceptance or use of goods by be Purchaser shall not consfimte a waiver of any claim made, Nis warranty. Except as otherwise provided N this purchase order, be Sellen liability hereunder shall extent to all damages pmxirrowly caused by the breach of my of the foregoing warramin or guaraotecs, but such liability shall in an event include loss of profits or loss of aw. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchase, may make changes to legal in. by "men change order. 5. CHANGES IN COMMERCIAL TERMS. The forepaw may make any changes to the actions, offer than legal terms, including additiom to or deletions fmm be gwasum. originally ordered in be specifications w drawings, by latest or wrinen change area If any such change affects be womew due or, be time of"ficourmce hereunder, an ruimble adjustment shall be made. 6. TERMINATIONS. The Purchaser may eel any time by written change order, terminate this agreement as to any or all pnniaow of the goods then not shipped, subject to any equitable adjustment between the pmies as to my work or namenals that in pmgess provided that the Pumhxser shall not be liable for any claims for anticipated profits oa be uncompleted portion of the goods maker work, for incidental or conew,catial damages, and that m such ndProurmnt Ire made in favor affair Sella with respauo any goods which are be Sellers standard stack. No such ammunition shall relieve the Purchaser or the Seller ofmy oftbeir obligations as to my good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from be date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants but all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliantt with all applicable laws and regulations to which the goods ore subject. The Seller shall execute and deliver such documata as may be raryired to effect ar evidence campliam e. AB laws and regulations raryioed to be unannounced in agreements of fail character aR hereby iamrpomted herein by fair redeems. The Sella agree to indemnify and hold the Purchaser harmless fmm all casts and damage suffered by be purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall within, transfer, or convey this order, or my monies due or to berme due hereunder without the Prim wxihat emesmt of the enter party. IT TITLE. The Sell a warrens full, clear aM unrestricted rifle Ir the Purchase, for all equipment. materials, and items famished in perfacerce of this agreement free and clear of my and all diem, mairtioan, reservations, secunry interest encumbrances and claims of others. 11. NONWAIVER. Failure of be Purchaser to insist upon strict performance of the terms and conditions hereaf, failure or delay to any rights or remainder provided herein or by law, failure to promptly notify the Seller in the event of a breach, m Re, wripmmr ofor payment for g«xls hereunder or approval of be design, shall not orimene the Seller of any of be wmrmtiw or obligations of Nis purchase race and shall rw be deemed a waiver of any right of Nc purchaser to insist upon area performmcr hereofer any of in nghn nr remedies as to any such goods, regardless of what shipped, received or accepted, as to my prim or suhuqumt default heeunder, oar shall any purported oral modification or teleission of this purchase roar by be Puchaser oproute as a waiver of any of the hems, hereaf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and be Purchxea recognize bar in actual economic practice, overcharges resulting from antitrust violations are in fact home by be Pmchaer. Theretofore, for good case¢ and res mnsidemlion for executing this purchase We, the Seller hereby assigns to be Purchaser my ant ell claims it may now have or hereafter acquired under federal a site antitrust laws for such overcharge relating to be fornicator goads or service purchased or acquired by be Purchaser pursuant to this pmchau order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed Wan by fe Purchaser and the Seller, and the Seller therwlte, indicates its inability or unwillingness to comply, the Purchaser may Or. be work to be performed by the most expeditious means available m it, and the Seller shall pay all cents associated with such work. The Seller shall release be, Punhsser and its cmtmctars of my tin from all liability and claims of may nature resulting fmm be performance of such work. This release shall apply even in be event of fault of negligence of the party released and shall extend to be directors, officers and employees of inch party. The Sellers contractual obligations, including wanmtty, shall not be deemed to be reduced, in any way, because such work is performed or caused to W performed by the Purchaser. 14. PATENTS. Whatever be Seller is required] to use my design, device, material or procss toward by letter, patent trademark or copyright, be Seller shall indemnify and save barriers be Pmchaser fmm any and all claims fen immurement by season of be use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged ho pay by ransom of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment or any pan Hereof or the intended use of the goods, is in such suit held to auction, infringement need the use of said equipment or pan is enjoined, be Sella shall, at its own expense and at its option. either procure for be Purchaser the right to continue using said equipment or parts, replace be same with substantially rued but noniN'tinging equipment w modify it s, it becomes mninftinmq,. 15. INSOLVENCY. If the Seller shall become insolvent or bardmpt make an assignment for be benefit of creditors, appoint a receiver or trustee for any of be Sellers property or business, this order may forthwith be canceled by be Purchaser without liability. 16. GOVERNING LAW. The definitions oftemn used or the ivteryreration of be agreement and the rights of all panic Mretmbe shall be constnred under end gwrmrd by be lours afdre State afCaloado, USA. The following Additional Conditions apply only in rases where be Seller Is to perform work herermder, including the smices of Sellers R,wesenative(s), on the pmnisc of others. ❑. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until be same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work unfair materials before Sellers final completion and acceptance, complete be work at Seller own expense and to bar satisfaction of be Purchaser. When materials sock equipment are, TemWd by others for installation or erection by be Sella, be Sella shall receive, unload stare and handle same at be site and become responsible therefor as though such materials maker equipment were being famished by be Sella coder the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compassion, including occupational disease benefits, to its employees employed on or in correction with the work covered by this purchase order, maker in their dependents in accordance with the laws of the stare in which the work is to be done The Seller shall also any comprehensive general liability including. but ant limited to, commerml and automobile Public liability insurance with bodily injury and dcaN limits of at front S300,000 fen any one person, $500.01K) for any accidatt and property damage limit per accident of S400,000. The Sella shall likewise require his ..i.e rs, if soy, to provide for such mmpmsmion and insurance. Before any of be Sellers w his contractors employees shall do any work upon be premises of others, the Seller shall f ish be Ponclower with a certificate that such compensation and imurmce have ban provided. Such ceni icates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees bar such compensation and insurance shall be maintained until after be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes be entire caporwibiliry end liability for my utd all damage, loss or injury ofany kind or moose whanoever to persons or property caused by ar resulting fmm the execution of be work provided for in this pumhase order or in connection herewith. The Sella will indemnify and hold homeless the Purchaser and any r all of be Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pascal or property to which the Purchaser may b, put or subject by reason of any act action, neglect, omission or default on the pan of be Seller, any of Ins evaluation, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against be Purchaser, or its ofices, agents or employees at my time on account me by reaon of any act actiaa neglect omission or defaul of the Sella of my of ber conrranors or my of its or their officas, agents or employees as of laid, be Sella hereby agrees to assume the defense thereof and to defend be same at the Sellers own expense, to Pay any and all casts, charges, altomeys fees and other expenses, my and all judgments Dart may be incurred by or obtained against the Purchaser or my of its or bah officers, agents or employees in such suits or other proceedings, and in can judgment or other lien be placed opium or obtained against the property of the Purchaser, or said panic in or as a result nfsuch .its or other praeedings, the Sella will in once came be same to ha dissolved and discharged by giving bond or otherwise. The Sella and his contactors shall take all safety precaution, fmish and insist) all gmMs necessary for be invention of accidents, comply with all laws and regulations with regard to safety including, but without Border., be Orcupatimul Safety and Health Act of 1970 ant all rules and regulations issued pursuant thereto. Revised 07l2014