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HomeMy WebLinkAbout543716 AECOM - PURCHASE ORDER - 9146316PO PURCHASE ORDER 914631 Number Page C117f of PURCHASE 46316 1 of z ' `t Collins[ his number must appear V " 1 1�7 on all invoices, packing sli s and labels. Date: 10/28/2014 Vendor: 543716 Ship To: CITY MANAGER AECOM CITY OF FORT COLLINS 1601 PROSPECT PARKWAY 300 LAPORTE AVE FORT COLLINS CO 80525 CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 10/28/2014 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price Dust Manual Materials 1 LOT LS 4,995.00 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statues the City apron Collins is exempt fmm sate and local tarn. Our Exemption Number is 11. NCRAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry ST-6000587 is registered] with the Collector of Failure of fie Purchaser to insist upon strict perfomance of the W. and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1923. Chapter 39-26,114 (a), e isany rights or remedies Provided herein or by law, false to pmenptly wiffy the Seller in the event of a breach, the a<cepantt ofor payment for goods hereunder or approval of the design, shall oat release the Seller of Good Rejected. GOODS REJECTED due a failure to men specifications, either when shipped in due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in mmrst. may be returned to you far credit and art not in be replaced except upon receipt of wrien purchaser to insist upon shict performance hereof or my ores rights or remdice as to my such goods, regardless instructions from the City of Fort Collim. of when shippd, received or accepted, as in any prim or subsequent default meteundep nor shall any p"ro d oral modification or marission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Too Collins inspection on arrival, hereof. Final Acoelnanco. Receipt of the merchandise, services or equipment In response m this order can result in 12. ASSIGNMENT OF ANTITRUST' CLAIMS. authorized payment on the pan of the City of Von Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognlae that in actual economic practice, overcharges resulting firm national ACCEPTANCE is dependent upon cmoplatimi craft applicable required inspection pradums. violations are in fact home by the Purchaser. Theretofore, fogood cause and as consideration for executing His purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Tema. Shipments most be F.O.B., City of Fan Collins, 900 Wood St, Fort Collins, CO 80522, unless acquired under federal or state intimrst laws for such overcharges relating to the Particular goods or service otherwise specified on this order. If permission is Given f prep y freight and charge separately. the original freight purchased or mquiml by the Purcbaer pursuant o this pmrchase order. bill must accompany invoice. Additional charges for packing will cot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Walb,manufadorers lave disnibming points in various pans of the coantry, shipment is If the Purulent directs the Salley. correct rom'onforming or defective goods by a date no be, agreed upon by the expected from the nearest distribution point to detraction, and excess fight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, fie Purchaser shipments art made fmm greater disance. may cause the work to be performed by the most expeditious means available to it, and the Seller shelf pay all toss associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and lirmsew required by all applicable laws, regulmiona ordinance and rules ofam sac, municipality, territory or Political subdivision where the work is performed, or required by any other duly ruminated public authority havingjunwintow over the work of vendor. Seller further agrees to hold the City of For Collins harmless fmm and against all liability and loss incurred by fan by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirenente. Awlawizativa All parties to this commit agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly Immix acceptance to the toms end conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorparatd herein by ramoome. Any whin me or din, seems and conditions proposed by wller are objected to mat hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imnua ly ify'ou cannot make complete shipment to active an your promised delivery data as noted Time is of the essence. Delivery and perfaam. most he ermined within the time stated on the purchase order and the documents attached hereto. No acs of the purchasers including. without Iimiation, acceptance of paid late delivence, shall climate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, fie option inflating this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result of delays due to causes not reaamably foreseeable which arc beyond is reasonable control and without its fault of negligence, such acts ofGd, aces of civil or military authontin, governmental priorities, fires, strikes, flood, epidemin, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (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 the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, art materials and work covered by this order will conform with applicable drawings, specifications, samples anal/or other descriptions given, will he fit for the purywes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar aware. The Seller mauves to hold the pumhser harmless from any loss, damage or expense which the Purchaser may sall,., now au account of fe Sellers breach .17.1, The Seller shall replace, repair or make good, without .1 to the purchaser, any defects or faults arising within one (1) year or within such longer period of time w may be mncnbed by law or by fie it. of my applicable weri provided by the Seller after The doe of acceptance of the good famished hereunder (acceptance nut to he ur4caaonably delayed), resulting from im,awf st or defective work done or materials famished by fie Seller. Acceptance m use of good by the Purchaser shall not continue a waiver of any claim wider this wmmnty. Except as otherwise provided in this unclaan wider, the Sellers liability hereunder shall extend to all damages Iva iammiy caused by the branch of any of the foregoing warmmics or guarantees, but such liability shall in no count include loss of profits or Ines 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 terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the ccmications or drawings, by verbal or onion change order. If any such change effects fie umonat due or the time ofperfnumace hereunder, an equitable adjustment shall be code. 6. TERMINATIONS. The Purchaser may al any time by women change order, terminate this agreement as to any or all ponicas of the goods then not shipped, subject to my coulomb, ajmtment hetween fie parties as to my work or arterials then in progress provided that the Pumlaaser shall not be liable For any claims for anticipated profits on the uncompleted portion ofthe good andlor work, for incidental or consequential damages, and that no such adjustment he mac in favor ofthe Seller with respect to any goods which art the Sellers standard stock No such termination shall relieve the Puchaer or the Seller ofany of their obligations n to any grads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty Om days from the date the change or temtinatiun is ordered. 8. COMPLIANCE WITH LAW. The Seller amounts fm all goads sold hereunder shall have been produced, sold, delivered and furnished in mitt 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 to he ncoryorated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to iaemnify, and hold the Purchaser harmless fmm all costs as damages suffered by the Purchaser as a result of the sellers failure to comply with such law. 9. ASSIGNMENT. Neither Pally shall assign,..for, or convey this order, or any monies due or to become due hereunder without the prior women consent ofthe asset al 10. TITLE. The Seller warrants full, clew and grnnWcted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, fro and clew of any and all liens, resfctions, reservations, secur ry interest encumbrances and claims ofmain. The Seller shall release fie Purchaser and its contractors of any tier boom all liability and claims of my nacre halting from the performance of such work. This release shall apply even in the event of fault of negligence of the pally released and shall extend to the directors, officers and employees of such pony. The Seller's communist obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is perfommd or caused m be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device. material or process cov'erd by letter, patent, trademark or copyright, the Seller shall indemnify coal save harmless the Pmchre er fmm any and all claims for inGn'turom by reason of the ase of such prreuted design, device, material or process in connection whir the conrzct, and shall indemnify the Pmchoom for any cost, expence, or shown, which it may he obliged m pay by reason of such infnngement at any time during the prosecution or after the completion of the work. In rase said equipment, or any pan thereof or the intended use of the goods, is in such suit held to mrvstimte Infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either Immure fro the Puchaser the right to continue using said equipment or pans, replace the same with subsantially equal but noninGt,ow, u,worm, or modify it so it bccomn naninfringm, 15. INSOLVENCY. If the Seller shall become insolvem or bankrupt, make an assigmnent for the benefit of creditors, appoint e receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Parchasm withom liability. 16. GOVERNENG LAW. The definitions of terms teed or the interpretation ofthe agreement and the nghs upon parties hereunder shall be convinced under and governed by the laws of fie Sate of Colorado. USA. The following Additional Conditions apply only in coses where the Seller is to perform work hereader, including One services ofSellcn Represeatativagab on the premises of.thera. 17. SELLERS RESPONSIBILITY. The Seller shall corny on said work taw Setters on risk and He same is fully completed and rumored, and shall, in case of my accident, destruction or injury to the work arbor materials before Sellers final completion aid acceptance, complete the work at Seller's own expense and to the satisfaction of fie Purchaser. When materials and equipment are mounted by others for installation or erection by the Seller, fie Seller shall receive, mlm d. store and handle same at the site and become responsible therefor as though such materials mNor equipment were being fmishd by the Seller under the order. 18. INSURANCE. The Seller shall, at his Own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andlor to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited a, contraction and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, $500,000 for any e accident and property damage limit per accident of S400,000. The Seller shall likewise require his cam actors, Our , to provide for such compensation and insurance. Before any of the Sellers or his conmdnrs emplo an s shall dowry work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided- Such mtificata shall specify the date when such compensation and insurmee have been provided. Such certificates shall specify the date when such compewamon and insurance expire. The Seller sgren fat such comperumion nod insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomialn, and liability for my and all damage, loss or injury ofany kind r nature whensoever to persons or propeny caused by or resulting from fie execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemdfy and hold harmless the Purchaser and any r all Of the Purchasers ufiicers, agents end employees from and against any and all claims, losses, damages, charges or exposes, whether direct or indirect, and whether to person or propeny to which the Purchaser may be put of subject by mason of any am, onion, neglect, omission or demit on the pan of the Seller, any of his continuous, or any of the Sellers or contractors officers, agents or employees. In case any suit or office proceedings shall be brought against the Purchaser, or its otfic us, agents or employees at my time on ancestor or by reaon of any act, anion, neglect, omission or default of the Seller of any of his contractors or my of its or fmm officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and or defend the same at fie Sellers own expesar, m pay any and all cuss, charges, attorneys fro and other expenses, my and all judgments that may be incurred by or national against the purchases or my of its or their officers, agents or employees in such suit, or ofor Praceedthgs, and th rasa judgment or ceder lien be placed upon m obtained against the property ofthe Purchaser, or said panne in or as a result of such suits or other proceedings, the Seller will at onus cause Out same to be dissolved as discharged by giving boa or otherwise. The Seller and his contractors shall take all safety ptamtiors, famish and install all grounds aceessary for fie prevedon of accidens, comply with all laws and regulations with regard to safety including, but without Imumtion, the Occupations] Safety and Health Act of 1970 and all rules and rtgulatiom issued pursuant thereto. Revised 07/2014