HomeMy WebLinkAbout543716 AECOM - PURCHASE ORDER - 9146316Fort Collins
Date: 01/12/2016
Vendor: 543716
AECOM
1601 PROSPECT PARKWAY
FORT COLLINS CO 80525
Delivery Date: 10/28/2014
PURCHASE ORDER
PO Number Page
9146316 1012
This number must appear
on all invoices, packing
slips; labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Change dated Jan 5 2015
Expand Scope
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
12,785.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
I9MiF6{I[I7t[di aCi' iKFRIKTFlfiCLF9
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from stare and local taxes Our Exemption Number is
98-04502. Federal Excise Tax Exemption Comfieste of Regisay 84fi000589 is mgisrerad! with the Collector of
Integral Revenue, Denver. Colorado (Ref Colorado Ravieed Statutes 1973. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure an meet specifications, either when shipped or due to defects of
damage in transit may be resumed w you for credit and are nor in be replaced except upon receipt of wrinen
muccwtiail from the Ciry of Fon Collins.
Inspection. GOODS art subject w the Ciy of Fon Co ins inspection on arrival.
Final Acceptance. Receipt of the merchandise, servict, or equipment in response to this order can result in
audtoneed payment on the pan of the City of Fan Collins. However, it is w be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fog Collins, 700 Wood St. Fan Collins, CO 90522, unless
otherwise specified on This order. If permission is given to prepay freight 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 vanes pats of the country, shipment is
expected from the nearest distribution prim to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenificatts and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly cou gitmed public authority having jurisdiction over me work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
tarred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
end requirements.
Aumooearrlon. All panic to this contract agree that the representatives are, in fact, bona fide and possess full and
complete whom, to bind said parties.
LIMTTATION OF TERMS. This Purchase Order expressly limits emperor, to due terms and conditions stated
herein set fgh and any supplementary or additional level and embraces annexed herein or incorporated herein by
reference. Any additional or diRermnems and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediaely ifyoo canner make complete shipment w arrive ten your
promised delivery date as noted Time is of the asmm. Delivery and performance most ho effected within the time
stated an the purchase order and the documents reached herein . No acts of she Purchasers including without
limitation,acceptanceofpar4al late deliwnes.shallo measawaverofthispmvision. Ntheeventieanydelay,
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 Seller shall not ho liable for damages as a result of delays
due to caries not reasonably foreseeable which are bevood its reasonable control and without its fault of negligence,
such its of God, acts ofeivil or military authorities, gevemmmad priontim, fires, stokes, flood, epidemics, wars or
nots provided that notice of the conditions causing such delay is given In the Purchase within rive (5) days of the
time when the Seller fill 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 log by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by Nis order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for me purposes intended, and
performed with the higher degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sufferer 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 origin one (1) yes or within such longer period of
time as may be prescribed by law, or by the terms of any applicable warrant' provided by the Seller after the data of
acceptance of the good famished hereunder (accepmnce not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by me Seller. Acceprance or tau of good by the Purchaser shall not
constitute a waiver of any claim under dis women, Except as otherwise provided in leis purchase order, the Sellers
liability hereunder shall extmd w all damages pmo =ely caused by the br h of any of de foregoing warrmtles
or guarantees, but such liability shall in no event include loss of profits or loss of we 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 onion change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes an me terms, other from legal terms, including additions to or deletions from
the quagges originally ordered in me speopificaterms or drawings, by verbal or wtlttm change order. If my such
change affects the amount due or the time of performance hereunder, an equitable adjunm tit shall be made.
6. TERMINATIONS.
The Purchaser may at my time by wrinen change order, terminate this agreement . to any or all portions of the
good then not shipped, subject to any equitable adjustment between me parties as to any work or mawnals corn in
progress provided mat the Purchaser shall not or liable for any claims for anticipated profits on the uncompleted
portion of the goods ender work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect In any goods which are me Sellers standard stock. No such termination she relieve
the Purchaser or the Seller of any writer obligations as to any goads delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be alleged within miny (30) days from the time me change or lerminmion is
ordered.
8. COMPLIANCE WITH LAW.
no Seller warrants then all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as maybe required to effector evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby inmryoated herein by this rdcessm The Seller agrees to
indemnify and hold the Purchaser harmless from all opts and damages suffered by this Purchase as a result of the
Sellers failure to comply wile such law.
9. ASSIGNMENT,
Neither parry shall .,I,, ..for. or low, this order err any moniv due or an become due hereunder widom the
prior vermam ..Or of the other petty.
10. TITLE.
The Seller warrants full, clear and unramcted title w de Purchaser for all equipment materals, and items furnished
in performance of this agreement (see and clear of any and all liens, raMctions, reservations, security interest
ermumbances and claims of others.
11. NONWAIVER.
Palms of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, fail we to promptly notify the Seller in me event of a
breach, be acceptance for payment for goods hereunder to approval ofde design, shall not release the Seller of
any of the waram et or obligations of this purchase order and shall rot be deemed a worver of any right of the
Purchaser to insim captor stict performance hereof or any of its rights or «medics as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmponed
are modificapan or mention of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANHTRUST CLAIMS.
Seller and the Pmch.er remgdim that in acNal erencore practice, overcharges reselling from antimat
violations are in fact home by me Purchaser. Therewkes.for good rouse and as consideration for exmuting this
purchase order, the Seller hereby striOts re the Purchaser any and ell claims it may now have or hereafter
acquired under federal or gaze whimat laws for such overcharges relying to the particular goods or services
purchased or acquired by the Purchaser pursuantto this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller in correct nonconforming or defective goods by a date an be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all
wets associated with such .,it
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply ever in the event of fault of negligence of the party released and shall mend to the
directors, officers and employees of such parry.
The Sellers contractual obligations, including wanar y, shall not be deemed 0 be veducwt in any way, bemuse
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required In we any design, dmtice, material ig pmcess covered by Imes, parrot trademark
or copyright the Seller shall indenudfv and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such parented design, device, material or process in correction wid the contra, and
shall indemnify the Purchaser for any cost expense or damage which it may be abliged to pay by reason ofsuch
infringement at any Time dwing the prosecution or after the mmpletim of the workpi case said equipment, or
any pan thereof or the intended use of the good, is in such suit held to cpnrieme infringement and the use of
said equipment at pan is enjoined, the Soler shalt at its own expense and at its option. either procure for the
Purchaser the right to mention acing said equipment or pasts, replace the same with substantially equal but
naninfnnging quipman, or modify it so it becomes noninBinging.
IS. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors. appoint a
receiver or oussee for any of the Sellers pmpenY or business, this order may foMwm be canceled by the
Purchase, without liability.
16. GOVERNING LAW.
The de0nitions of terms used or the interpreratmn of the agmagrom and the rights of all panes hereunder shall be
construct] under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where me Seller is to perform work hereunder.
including de services of Sellers RepresentativHs), on the premises of others.
17, SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own nsk until the same is fully completed and accepted, and shall.
in case of any accident detmation or injury to me work maker materials before Sellers final completion and
emerge, complete the work at Seller's own expense and to me satisfaction of the Purchaser. When mrrnals
and equipment are furnished by others for instillation or caning by the Seller, the Seller shall receive, unload.
store and handle same at the site and become responsible therefor as though such matenzls and/or equipment
were being fumishad by the Seller under the order.
Ill. INSURANCE.
The Seller shall, at his own expense, povide for the payment of workers compensation, imluding occupational
disease benefits, to its employees employed on or in mrmbe ion with the work covered by this purchase crew,
and/or to their dependents in accordance wile the laws of the spite in which the work is to be done. The Seller
shall also carry comprchmsipe general liabiliy include& be not limited w, conv.wal and auwmobdo public
habiliy wergance with hourly injury and death limits of at least $30q O" for any one perms, gSW,GW for any
one accident and property damage limit per accident of Sa00JRq. The Seller shall likewise require his
contactint, if any, to provide for such mnrpereamon and insurance. Before any of the Sellers or his conractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser witha certificate
that such compeammuon and insurance have ben prodded. Such ceruf cats shall specify me time whm such
compensation and insurance have been provided. Such cemficases shall specify the dam when such compensation
and insurance expires. The Seller agrees mat such compensation and insurance mall be maintained until after the
entire work is completed and accepted
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire responsibility and liability for my and all damage, loss or injury of any kind
r nature whatsoever to persons or property 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 hsrmleas me Purchaser and my
or all of the Purchasers officers, agents and employees from and eganst any and all claims, losses, damage,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of die Seller any of his
convectors, or any of die Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall he brought against the Purchaser, or its officers, acmes or employees an my time an aamet or
by reason of any an, action, neglect, ami.ian or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, w pay any and all wets, charges, anomrys feel and Omer expenses,
any and all judgments the may be incurred by or obtained against the Purchaser or any of its or their officers.
agents or employees in such sure or other proceedings, and in case judgment or other lion be placed upon or
obtained against the property of the Purchaser, or lid Forma in or as a rapt: of such suie or other proceeding,
the Seller will at once cause the same to be dissolved and discharged by M, bond or oderwise. The Seller and
his mnv wrs shall take all safety precaution, famish and initial] all guards necessary for the prevention of
eccidnq comply with all laws and regularions wits regard to safety including but without limitation, the
Occupational Safety and Health Act of 1990 and all rules and regulations issued purstunt mereto.
Revised 07R014