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HomeMy WebLinkAbout100022 AECOM INC - PURCHASE ORDER - 9104026Fort Collins Date: 08/08/2014 Vendor: 100022 AECOMINC 717 17TH ST SUITE 2600 DENVER CO 80202 PURCHASE ORDER PO Number Page 9104026 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 08/04/2010 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 Mason Corridor BRT Change Order No. 3 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 1 LOT EA -290,396.74 Total-$290,396.74 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 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt fmm sure and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenifieme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Smmtes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not mleme the Seller of Goods Selma GOODS REJECTED due to failure in meet specifications, either when shipped or due Ip defedrs of any of the wmmntim or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rmmned to you for di dit aal ate not to be replaced except upon nceipt of wrinen purchaser to insist upon strict Performance hereof or any of its rights or remedies as to any such goad, regaNleu instructions fore the City of Fon Callus, of when shipped, received or accepted, m to any prior or subsequent default hereundor. we dull My purposed oral dwdifahon or remission of this purchase adder by the Purcbaxr operate m is waiver of any of the team Inspection. GOODS are subject to the City ofFort Collins inspection on artital. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response 10 his Order con result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment at the an of the City Of Fun Collins. [lowevem it ire to be understand that FINAL Seller and the Purchaser raournim that in azmal economic Practice, overcharges resulting from antimst ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures. violations ore in fact Four, by the Purchaser. Theretofore, for good muse and as consideration for executing this purchase order, the Seller hereby, assigns to the Purchaser any and all claims it may now have or hereatler Freight Tern¢. Shipments muss be F.O B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522. males, acquired under federal or state antitrust laws for such overcharges reining to the particular good or services otherwise specified on this enter. If permission is given to prepay freight and charge separably, the original freight porehased or acquired by the Purchaser pursuant to this puchase order. bill man ado mponyinvoice. Additional clarga for Peking will and be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment have distributing Points in rariom pens of the NTerc manution ,voceshipment ire If ader dlS shedSeller m comet nonconformingerrindiicams is d by to be agreed upon by the .. here. d Flo. point to destimtiory end excess freight will be deducted from Invoice when expected Iran the nearest l and Or uve from oye,Pur inability india¢s its ime. a unwillingness to homey, the Purchaser err and the Seller, and he Sellery guess dicta shipments are made Gum grout distance, greater by the most expeditious meant available Ir it, and the Seller shell pay ell may rouse the work m be he may us worformrd costs associated with such work. Pmmits. Seller shall procure at sellers sole cost all necessary permits, certificates and Incomes required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public outhoriy bavingjomar inion over the work of vendor_ Seller further agrees as hold the City of Fort Collins harmless from and agalmt all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All panics in this contract agree Ihat the repreunmtives arc, in fact, bona file and possess full and complete outhariy to bind said ponies. LIMITATION OF TERMS. I'his Proof. Onle, apressly limits acceptance to the terms and conditions stated herein set forty and any supplementary or additional tenor and conditions annexed hereto or incorporated herein by mrareare. Any additional or diferent terms add conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT Membrane, if you cared make ..plot, shipment 10 arrive on your Promised delivery date m broad. Time is of the essence. Delivery and perfoned. muss be effected within the time stated oa the purchase oNer and the documents ara ndi harem. No acts of the PmcM1mers 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 m'dwing I],is order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages m a result Of delays due to canes not reasonably foreseeable which arc beyond its reasonable control aal without its fault of negligence, Such acrs of Goo, cars ofcivil or military authorities, governmental Priorities, fires, strikes, Board, epidemics, wars or dots pmvided that notice of the coalitions causing such delay is given to the Purehmer within Jima (5) days of the time when the Seller Best received knowledge thereof. In the evcan of any such delay, the date of delivery, shall be extended for the Period egml to the time actually lore by cousin ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andar other descriptions given, will be fit for the parprsws intended, and pert rued with the highest degree of care and rampemnce in acusNunce with accepted standards for work of a imilar cure. The Seller agrees or hold the purchaser handless from my loss, damage or expense which the Purchaser may sutler or incur on account of the Scllm breach ofwarramy. The Seller shall repine, repair or make good, without cost to the purchaser, any defecds or faults arising within one (1) year m within suchdonger period of rime as may No prtsrnbed by law or by the rem¢ army applimble wamanry provided by the Seller a0er the data of acaptane, of the good famished heremador (acceptance not ro be umeasowbly delayed), resulting from imperfect or defective work done or.aterialS furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liabil dy hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event 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 Purchmer may make changes to legal lean by woman change oNer 5. CHANGES IN COMMERCDLL TERMS. The Purchaser may make any changes to the moms, other than legal terms, including additions to or deletions firrou tire quantities roundly ordered in the speciffimn—s or drawings, by verbal or wdttrn change order . 11any sue change affects the amount due or the time of perfineamom hereunder, an acmud le adjustment shall be made. 6. TERMINATIONS. The processor may at any time by wrinen change order, terminate this agreement as to any or all ponimes of th Y. CLAIMS FOR ADJUSTMENT. Any claim for adstmmu st ust be asserted within thirty (30) days from the &ts the change or termination is dere od. The Seller shall release the Processor and its contmeme, of any tier from all liability and claims of My mume resulting from the pem rforance of such work. This relase shall apply even in the event of fault of negligence of the party releued and shall extend to the directors, officers aaddemployees of such panty. The Seller's contactual obligations, including warranty, shall non be deemed to be ordered, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whr i rnever the Selles requited Io use My design, device, ordered process ial ar coveredtr by lever, patent, admrk ea or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such paternal adesign, device, material or process in connecticonnection,with the emuact, and Shall indemnify the pu rnmer for My cut, expense or damage which it may be obliged 1. Pay by reams afro ch infringement many time 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 overcome infringement and the use of said equipment or pan is enjoined, she Seller shall, at its own expense and at its option, either pracure for the Purchaser the right to continue using said equipment or pans, Mince the same with substantially equal but noninfringing equipment, or .Wiry it so it becomes non infringing. 15. INSOLVENCY. If the Seller shall become insolvent or lexdikrapn, make an assignment for the miefn of creditors, appoint e receiver err trustee for any of the Sellers property or business, this under may fodswuh be canceled by the Furtherer wihom liability. 16. GOVERNING LAW. The definitions oftemts used or the imetpremmor ofthe agreement and the rights of all parties hereunder shall be construed under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Leedom work hereunder, including dre services of Sellers Representapremiums live(s), on $e prums ofmhers. 12. SELLERS RESPONSIBILITY. The Seller shall body an Said work m Sellers now dsk ..,it the avow is fully comple cil and aW ccepn, and shall. cam of any accident, desw<tion . injury to the work ani manmak before Sclle/s final wmplmion and acceptance, complete the work m wn Sellers oe.amew and to the Satisfaction of the Purchmer. When .medals and equipment are Pomished by others for imeallation or Modica by she Seller, the Seller Shall receive, unload, store and handle same . the site and become responsible therefor as though such materials MoVor .uipment were being famished by the Seller under the order. .- e 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ns es the entire dermssibility and liability for any and all damage, loss or injury army kind or nature whatsoever to persons or property tamed by or resulting f=m the execution of the work provided for in this Purchase order or in connection herewith. The Seller will indemnify and hold harmless the Puchaser and very or all of the Purchasers ofrma, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pecore in property to which the Purebme may 8. COMPLIANCE WITH LAW. IT, Seller was. that all goods Sold hereunder shall have been produced, sold, delivered and fumuM1ed in smn compliance wit all applicable laws Md regulations to which die goods arc subject. The Seller shall execute and deliver such documents m may be required to wfed or evidence compliance. All laws and regulniom required m be ncoMomted in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless tram at I costs and damages suffered by the Puehand as a result of the Sella failure a comply Minh sum law. 9. ASSIGNMENT. Neither parry, shall assign, dumber, m convey this oNer, or my mania due or to became due hereunder without the prior wrimen omen ofthw oNer panty. he p.I or subJecn by rtawa of any act, azure, uegleel, amrssmn or default on the pan of she Sell,, any of his cum a airs, or My of the Shcm or contractors offerers, agents or employees. In cone any suit or other pmcerdings shall ba bought against the Purchaser, or its officers, spends or employs at My time on accomi or by ra=n Of any act, anion, neglecl, omission Or default of the Seller of arty of his contactors or any of its or their afters, agents or employees as i foressid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn carouse, to pay any and all costs, charges, womeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purehasd or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lieo be placed upon or obtained against the propery of the Purchaser, or said parties in or m a result of such suits or other proceedngs, the Seller will at once arse the same to be dissolved =d discharged by giving bond or mberwise. The Seller and his contractors shall take all safety precautions, fiunish and) iresall all goods necessary for the Panamanian of accidents, comply with all laws and regulations with regard to wit including, bra without limiutio. the 10, TITLE. Occupational Safey and Health Act of 1970 and all colas onal regulations issued pursuant Memo. The Seller warrants full, clear and Mannered title to the Porchmer for all equipment, maiedaN, and items fumishrd in perfomdMce of this agreement, free and clear of any and all liens, amarictiom, reservations, security interest encumbrances and claims of others. Revised 01R014