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HomeMy WebLinkAbout100022 AECOM INC - PURCHASE ORDER - 8855819City of F,.6rt Collins Date: 03/02/2011 Vendor: 100022 AECOM INC 717 17TH ST SUITE 500 DENVER Colorado 80202 PURCHASE ORDER PO Number Page 8855819 1o12 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 09/25/2008 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 7 change order 4 C3. Oh.-:sL2 �f— City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 1 LOT EA 27,269.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 $O Purchase Order Ternis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Excmption Nnmbcr is 11. NONWAIVER. 98-04502. Federal E.xe isc Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Pamha,acr to insist upon strict performance of the terms and conditions hereof, fit ihire or delay to Internal Revenue. Denycn Colorado (Ref. Colorado Revised Statutes 1973. Chapter 3q-26, 114 (a), exercise any rights or ren ed ics provided herein or by law, failure to promptly notify the Seiler in the event of a breach, the accUtanec of or payment for goods hereunder or approval of the design, shall not release the Sel let of Goods Rejected. GOODS REJECTED day to failure to meet speei fications, 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 any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or retard ics ns to any such goods, regardless instructions from 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 as a waiver of any of the more, Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in 12. ASSIGNMENT OF ANT ITRUST CLA IMS. authorized payment on the pan of the City of Fain Collins. However. it is m he understood that FINAL Seller and the Purchaser recognize that in acmnl economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applie.ahle required inspection Proealurcs. violations are in fact horns by the Pumhascr. Theretofore, for good cause and as eonsidemrion for executing this purchase order, the Seller hereby assigns to the Plnchaxer any and all claims it may now have of hereafter Freight Terms. Shipments most be F.O.R., City of Fort Collins, 700 Wood St_ Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such oocrchorges relating to the particular goods or services othenrise specified on this order. If permission is given to prepay freight and charge sTarrely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to datinmion, and excess freight will be deducted from Invoice when Purchaser and the Scller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to he Performed by the must expeditions means available to it, and the Seller shall pay all costs associated wilh such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by nit ,applicable laws, regulations, ordinances and roles of the state, manicipality, territory or political subdivision whcrc 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 harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of am such Imes, regulations. ordinances. rates and requirements. Authorization. All parties to this concoct agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different temts and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this Provision. In the event of any delay. the Purchaser 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 Seiler shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofcivil or military authorities. governmental priorities, fires. strikes, need, epidemics, wars or rims 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 rf delivery shall be extended for the period equal to the time actually lost by mr%wa of the delay. 3, WARRANTY. The Seller oamnts that all grads, articles. materials and work covered by this order will conform with applicable drawings, specifications samples and/or other descriptions given, will be ❑t for the purposes intended, and performed with the highest degree of cam and competency in accordance with accepted standards for work of a similar names. The Seller agrees to hold the purchaser harmless fear any Ions, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of ymeanty. 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 prescribed by law or by the toms of any applicable warmnty provided by the Seiler after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of.ey 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 ofany of the foregoing warm. art or guarantees, but such liability shall in no cyan include loss of profits 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. CI IANG ES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions fear the quantities onginally ordered in the specifications or drawings, by verbal or written change order. If airy such change alTects the amount due or the time ofpe formanec hereunder, 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 portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/tar work. for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnt.s that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seiler shall execute and deliver such documents as may be required to effect or eyidenec compliance. All Imes and regulations required In be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser hamdess from all costs anti damages suffered by the Purchnscr as a result ofncc Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other Parry. 10. TITLE. The Setter warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservmions, security interest encumbrances and claims of others. The Seller shall rcle,ase the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Performmaec of such work. This release shall apply even in the event of fault of negligence of the piny released and shall extend to the directors, effects and employees ofsuch party. The Settees contractual obligations. including warranty, shall not be deemed to be reduced, in any way. bmause such work is performed or caused m be Pcrfomed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. device, material or process covered by letter, patent, trademark or copyright, the Scller shall indenmil'y and save harmless the Purchaser Rom any and nil claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shill indemnify the Purchnscr for any cost, expense or damage which it may be obliged to pay by reason fsuch infringement at any tine 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 constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfinging equipment. or modify it so it becomes moniafringmg. 15, INSOLVENCY. If the Seller shall become insolvent of bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers Property or business, this order may forthwilh be canceled by the Prirchnser without liability. 16. GOVERNING LAW. The definitions of lermi used err the intcrpretatien offs egrccmcnl and the rights ofall panics hereunder shall be eom need under and gm cmed by the laws of the Statc of Colorado, USA. The following Additional Conditions apply only in eases whcrc the Seller is to perform work hereunder, including Ihe.scrvices of Sellers Rcprcsentatiyc(s), on the premiws ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry ran said work at Seller's own risk until the snore is fully completed and accepted, and shall. in case of any accident. destruct inn or inj tire to the work and/or materials before Set let's final completion and acceptance. complete the work at Scl let's own expense and to the sal isfacl ion of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive. unload. store and handle ware at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers eompensm on, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. muUor to their dependents in accordance with the laws wr the state in which the work is to be done. The Seiler shill also carry comprehensive general liability including, but not limited to, contractual and maomobile public liability insurance with bodily inPrty, and death limits of err Iensu S300,000 for any one person. S500,000 for any one accident and properly damage limit per accident of S400,000. The Seller shall likewise require his ennrnerors, if any, to provide for such compensation and insurance. Before any of Ile Sellers or his contractors employees shall do any work upon the premises nfnthcrs the Seiler shall famish the Purchase, with a certificate that such compensation and insurance have been provided. Such eertilicates ,shall specify the date when such compensation and insurance hare hen provided. Such certificates shall specify the dare when such compensation and insurance expires. The Sellcr agrees that such compensation and insurance shall be mzinmincd until after the entire work is compIcactI nd accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'flu; Seller hereby roannes the entire responsibility and liability for any and all damage lass or injury ofany kind m nature whatsrever to persons or properly caused by or resulting from the execution of the work provided for in this purchase order m 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 emims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property Io which the Purchaser may be put or subject by reason of any act, action, neglect emission or default on the pan of the Scller, any of his contractors, or any of the Sellers or contractors nffcc,. agents or employees In cast, any suit or other proceedings shall be brought against the Purchaser. 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 contractors or any of its or Ihcir effects. agents or employees as aforennid, the Seller hereby Ogres to assume the defense thereof and to defend the same at the Sellers no it expense, to pay any and all costs, charges, mmmcys fees and other expenses, any and all judgments that may he incurred by or obtained ag.ain,xt the Purchnscr or any of its or their efftccrs. agents or employees in .such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmNoy of the Purchaser, or said panics 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 bend or otherwise. The Sellerand his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of .accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant thcrcre. Revised 61/2010