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HomeMy WebLinkAbout466828 AECOM TECHNICAL SERVICES INC - PURCHASE ORDER - 9135240PO PURCHASE ORDER 913524er Page CI'�/ of PURCHASE 35240 1 of z ' `tCollins( This number must appear V " on all invoices, packing sli s and labels. Date: 09/05/2014 Vendor: 466828 AECOM TECHNICAL SERVICES INC 1178 PAYSPHERE CIRCLE CHICAGO IL 60674 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 09/24/2013 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 change order 1 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 2,760.00 Total $2,760.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm ware and local lazes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registaN with the Collector of Imtemd Revenue, Denver, Colorado (Ref. Colorado Revised Samtas 1973, Chapter 39-26, 114 Oy Good Rejected. GOODS REIECTED due a failure an to specifications, either when shipped of due. defects of damage in ..it, maybe morn rd ro you for credit end arc not m be, replaced except upon receipt of wdnm Instructions from the City effort Collins. Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in mHa me to this order can result in authorized payment on the pan of the City of Four Collins. However, it is to he understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable reptitd inspection procedures. Freight Terms. Shipments most be P.O.B., City of Fort Collins, 700 Wood Sr, Pon Collins, CO 80522, unless otherwise snerifd on this order. If permission is given 1. prepay Ireidd and charge separately, the original freight bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is captured fmm the nearest disinfection point to danietion, and excess freight will he deducted fmm Invoice when shipments arc made tom greater dfsanee. Permits. Seller shall procure at sellers mle cost all necessary permits, certificates and licensas raquimf by all applicable laws, regulations, ordinances and ales of the state, municipality, motion, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdient n over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless fmm send against all liability and loss incurred! by them by reason of an seamed or established violation of any such laws, regulations, ordinances, ales and fingiremcnts. Augustinian. All parties to this contract agree Oat rise representatives are, in fact, bum fide and possess full and complete athoriry m bind said at.. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth :mast any supplementary or additional know and conditions annexed hereto or incorporated herein by reference. Any additional or different arms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to were on your promised delivery date as nmed.'1'ime is of the seance. Delivery and pM ace must be ellwted within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptmce of pmtial late deliveries, shall wrote a. waiver of this provision. In the even, of any delay, the Purchaser shall Law, in addition bat miner less] and equitable remedies, the option affiliating this .,]a, elsewhere and holding the Seller liable fur damages. However, me Sidle, shall not be liable for damages as i result of delays due an causes nor reassembly foreseeable which are beyond its reasonable control and without its fault of negligence, such carts of Goal, acts of civil or mi lhary aathonnes, governmental snootier, fires, strikes, Rood, epidemics, wars or H. provided that ..fire of the cmaddio...a, such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knowledge therm, In the event of any such delay, the date of delivery shall be extended far the pened equal to the dime actually dos, by reason i fthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with sampan standard for work of a 'miler rurura. The Seller sgaees to hold the purchaser harmless been any loss, damage or expense which dre Purchaser may suffer or hour on account of the Sellers breach of avencaary. The Seller shall rtplae, repair or make load, vs'ithau, cost to the purchase, any defects or fault onsimg within one (I) year or within such tinge pe iml of time as may be presenbd by law or by the terrs of any applicable warranty provided by the Seller afar the data of acceptance of the good famished hereunder (acceptance no, to be unreasonably delayed), resulting hem imperfem tar defective work dune m materials famished by the Seller. Acceptance or we millionth by the Purchaser shall not onstimne a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability mew, bar shall extend m all damage proximately fga by the breach of my of the foregoing RRANI its O MERCH,bntsuchliability shall in. SentRPURlassof profits Aloss o(ttre. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES 1N LEGAL TERMS. The purchaser miry make changes to legal terms by winter change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other thin legal ten., including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by waited at action, change order. If any such change all" the amount due or the time ofperformance hermndeu an equitable adjustment shall be made. 6. TERMINAT IONS. The Purchaser may at any time by admen change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment heween the parties as to any work or materials then in progress provided that the Pardoner shall not be liable Joe any claims for anticipated profits on the uncompleted portion of the Sys robot work, for incidental or consequential damages, and the, an such adjmlmml be made in favor of the Seller with respect to any goads which art the Sellers standard stock. No such kemincoma shall relieve the Purchaser or the Seller of any orthri, obligations as to any goad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any It. for adjustment mar be asserted within th]ny (30) days from the done the change or emanation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shell have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject, The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required as be ncomarmed in agreements of this chamger we hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harn res fiver all costs and damages suffered by the purchaser as is result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, tra.f , or convey this rover, or any cronies due or to become due bereunder without the Print written coment of the other pony. ID. TELLE. The Seller warrome full, <lea and unrestricted title to the Purchaser for all equip.., materials, and items hinterland in performance of this agreement, free and clew of any and all lie., restrictions, reservations, annually interest encumbrances and claims ofothers. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance ofthe lamre as and conditions herself, failure or delay to any rights of rtmNies provided herein or by law, failure 1. promptly modify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval oflha design, shall mat rekam the Seller of any of the wamdies or obligations of this purchase order and shall rut he deemd a waiver of any right of the ,.he. a insist upon strict perfotrwrce hererfor any of its nights m rem aim,. many such goods, rtgadlecs of when shipped, received or acceptN, 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 rem¢ Lamar. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser areaRtve that in actual reentrant practice, overcharges resulting fmm antitrust violate. an, in fact borne by the Purebuer. Theremfors, for good cause and is carssideation for executing this purchsse inner, the Seller hereby assigns to the Pardoner any and all claims it may now have or hereafter acquired under federal . state antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser drowns the Seller to concert nonconforming or defective good by a dam to he agreed upon by the Purchaser and die Seller, and the Seller thereafer indicates its Nobility in unwillingness m comply, the Purchaser may cause the work to be perfommed by the amsn txsedifoa uses. mailable m it, and the Seller shall pay all costs.wciated with such work. The Seller shall relmse the Purchaser end its contractors of any tier from all liability and claims of any nature resulting from the perfmm:mce fsuch work. This rele.e shall apply even in the event of fiall of negligence of the patty released and shall extend to the dimmers, officers and employees ofsuch pay. The Settees contractual obligations, including warranty, shall not be domed to he reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14, PAT'ED S. Whenever the Seller is required to use any design, device, material or pructis cuverd by let W, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchase from any and all claims fur mfngement by reason of the use of such painted design, easier, material or process in veworetiem with the remain, and shall indemnify the Purchaser for my cast, expense or damage which it may be obliged as pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan unroof or the intended am of the good, is in such .it held to co.,itute afengemcm 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 nuninfringing equipment, or modify it so it becomes nonlnGmging. 15. INSOLVENCY. If the Sella shall become insolvent or baukmp,, make an aaigrmncnr for do benefit of creditors, appoint a nersiver or trustee for any of the Sellers pmpeny or business, this order awy forthwith he canceled by the Pumhner without liability. in. GOVERNING LAW. The definitions of term. used or rate interpretation ofthe agreement and the rights of all parties hereunder shall be moduad under and gmormed by the laws ofthe State ofC.I mak, USA. The following Additional Conditions apply only in crown where the Seller is to pert work bereurader, including the sen'icas of Sellers Repo sentariec(s), on importunities Mothers. 17, SELLERS RESPONSIDILITY. The Seller shall warty on said work as Seller's own ask and the same is fully completed end accepted, and shall. in e of any accident, destruction or injury to the work and/or materials before Sellels foal completion and accepantt, complete the ..,it at Seller's own expense and a the satisfaction of the Purchaser. When .aerials and equipment are founded by others far ..Hart.. or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such .aerials anion equipment were heing Interisland by the Seller under the older. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its empleyees employed on or in connection with the work covered by this purchase order, met to their dependents in accordmce with the laws of the state in which the work is to he done. The Seller shall also carry comprebemive general liability including. but not limited to, cantranal and automobile public liability insurance with bdily injury and death limits of at least 5300,Oo0 for any ove person, SSW M for any care vccided, and property damage limit per accident of "Ofid W. The Seller shall likewise require his onlmatora, if any, to pruaide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall famish the Purchacr with a certificate that such compensation and insurance have been provided. Such emifea es shall specify, the date when such ompe.ution and insurance have been provided Such ceni0caers shall specify the date when such emoue.mi.n and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the antirc work is completed and accepted. 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby ass es the entire responsibility and liabilityfor any and all damage, loss or injury of any kind or nature whatsoever to permns or pmperry caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold harmless thr Purchaser and my r all of the Purchasers olliars, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaer may he put or subject by reamn of any act, action, neglect, omission or default on the pan of the Seller, my of his comranors, many of Be Sellers or convectors officers, agents or employees. In case any suit or other paramedic, shall be brought claims the Purchaser, or ins officers, agents or employees at my time on account or by rc.. of any .1. nett., neghed, omission or default of the Seller of my of his connectors or my of its or their oMo., agents or employees . aforesaid the Seller hereby agree ro some the defense thereof and to defend the same at the Sellers own express, to pay any and all costs, charges, artome s fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obaimud against the pmprety ofthe Purchase, or said parties in or. a mull of such suits or other proceedings, the Seller will . ona cause the sae a he dissolved and discM1.mgd by giving bond or otherwise. The Seller and his mounters shall take of safety precautions, famish and tall all guard necessary for the intimation of accidents, comply with all laws and regulations with regard to aaffty including, but without bee mon, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued personal there... Revised O7I2014