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HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9957149 (2)PO City Of 99571495714PURCHASE ORDER er Page 9 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 03/02/2011 Vendor: 465997 Ship To: TRANSPORTATION PLANNING & MICHAEL BAKER JR INC 281 NORTH COLLEGE 165 S UNION BLVD SUITE 200 FORT COLLLINS Colorado 80524 LAKEWOOD Colorado 80228 Delivery Date: 12/01/2009 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price e CHANGE ORDER 6 1 LOT EA 52,708.89 708.89 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By staee the City of Fort Collins is exempt firm slate and local taxes. Our Exemption Number is 11. NONWA1VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 840000587 is registcred with the Collector of Failum of the Purchaser to insist upon strict perfomm ec of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies pmridcd hcrcin or by Imo, failure to pmmpdp notify the Seller in the event oft breach, the acceptance "for payment for goods hereunder or approval afire design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe mammies or obligations of this purchase order and shall not be deemed a waiver of any right ofthe damage in Transit, may be returned to you for credit and arc not to be replaced except upon mccilu of written purchaser to insist upon strict performance hercoforany of its rights or remedies as m any such goods, regardless instructions From the City of Fort Collins. of when shipped, received or occepled, es to any prior or subsequent default hereunder, nor shall any permitted oral moth fiontion or new"you of this purchase order by the Purchaser opemre as a waiver of any of The terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. he,.[ Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMFNT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. Ilowevcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm aatirm,t ACCEPTANCE is dependent upon completion ofall applicable required inspection Procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase onto, the Seller hereby assigns to the Pumhascr any and all claims it may now have of herea0cr Freight Tens. Shipments must be F.O.D., City of Fort Collins, 700 Wood St, Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or Services otherwise specified on this order. If permission is given to prepay freight and charge wrimely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in .annul pans of the country, shipment is If the Purchaser directs the Scllcr to correct nonconfemting or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted Tom Invoice when Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc funds, from greater distance. may cause the work to be perfumed by the most expeditious means a vi ilabhc to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality. territory er political smxlivislnn "here the work is performed. or required by any other duly constituted public authority having jnnsdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins lormles from and against all liability and loss incurred by them by reform craft asserted or established violation crony such Imes, regulations, ordinances. mles and requirements. Autholzztion. All parties to this contract agree that the representatives are, in fact, bona fide and posses full and complete authority to bind ,aid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different toms and conditions proposed by seller arc ohjcated In and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe cm cnee. Delivery and performance must be elected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without ]imitation, acceptance of partial late deliveries. shall operate as a "giver of This provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofpincing this order claevhcre and holding the Seller liable for damages. 11f o n,cr. the Seller shall not be liable for damages as a resell of delays due to causes not reasonably foreseeable which are beyond its reasonable control and withem its fault ofnegligence. such acts of God, acts ofeivil or military authorities. go nnonmerual priorities fires, strikes, need, epidemics. wars or riots pmvided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the rim, 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 Seiler womnts that all goods, articles, materials and work entered by this ender will conform with applicable drawings. specificationts. samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hnmles front any loss, damage or expense which the Purchaser may smffcr or incur on account of the Selcrs breach of wamnty. The Seiler 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 tans of any applicable wamnty provided by the Seller of er The date of acceptance of the goods furnished hereunder (acecplanec not to be onreawnably delayed). resdting Loon imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goods by the purchaser shall not constitute a waiver ofany claim under this wzmrty, Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages prosimately eatucd by the breach of any of the foregoing warranties or guarantees, but such liability shall in an event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. CHANCES IN LEGAL TERMS. The Purchaser nifty make changes in legal terms by written change onlm 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal .ems, including additions to or deletions from the quamitics originally mdewd in the specifications or detwinF. by vehal or written chance enter. If any such change aliens the amount due or the time ofperfomanec hereunder, an equitable adjusment shall he made. b. TERMINATIONS. The Purchaser may at any time by worcn change order, terminate this agreement as to any or all portions of the goods then out shipped, suhj,ct to any Notable adiustment between the parties 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 ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good, which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of Ihcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adiustment must be asserted within thirty (30) drays from the date the change or wrminalion is ordered. S. COMPLIANCE WITH LAW. The Seller ommnts that all goods sold hereunde shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser mordess from all costs and dnmagcs ,offered by the Putcha,c- as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, confer, or matey this order, many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr womnts fill, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, monwalions. security interest encumbrances and claims ofethcrs. The Scllcr shall release the P n hneer mid its contractors of an, per front all liability and clam., of any nature resulting front the perfummot, of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Scllcr, contactual obligations, including "amity, shall not be destined to he reduced, in any nay, because such work is performed or caused to he performed by the Purchaser. W. PATENTS. Whenever the Seller is required to use any design, device. material or pmcess covered by letter, parent, trademark or copyright, the Seller Shall indemnify and save hamlem the Purchaser from anv and all claims for infringement by reason of the use of such patented design. device, material or process in connection with the contract and shall indcnnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or aficr the completion ofthe work. In ease said equipment or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, to its own expense and at its option, either procore for the Purchaser the right In continue using ,aid cquipoical or parts, replace the same with substantially cyuml but nmtinfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall beeomc insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpcny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems rased or the interpretation oflhe agree eat and the rights ofall ponies hereunder shall be construed under and governed by the lards ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seiler is to perform stork hereunder. including the services of Sellcis Rcprescnmtivc(,), ran the premises probers. 17. SELLERS RESPONSIBILITY. The Seller shill carry on ,said work N Scllcr's man risk until the same is filly connplcted and accepted, and sltnll, in case. of any accident destruction or injury to the work and/or mntcrials before Set ler's fine] com plot ion and acceptance, complete the work at Scllcr', corn expense and to the sari, (action of the P.mhe,cr. When natcrials and equipment arc furnished by others for installation or erection by the Seiler, the Seller shall receive, unload. store and handle lime at the site and become responsible therefor as though such materials andlor equipment were being famished by the Seiler under the on cr. IS. INSURANCE. The Seller shall, at his own espcnm, pmr the for the payment of workers ennnpcmation. including occupational disease benefits, to its employees employed on or in connection with the work covered by this Purehasc Order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller Shall also carry comprehensive genera] liability including, but not limited to, smoommal and munnmbilc public liability insurance with badly injury and derth limits of m least S3010L000 for any one person. S500.000 for any one accident and property danoge limit per accident of 5400,1410. The Seller shall likewise require his contractors, if uny, to provide for ,such compensation and insurance. Before any of the Scllcr, or his contractors employees .shall do any work upon the premises of others, the Seller Shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvided. Such ecnifiemcs shad] specify the date when such contpensntimn and insurance have been provided. Such cenificatas Shall specify the dale when smh compensation and insurance expires. The Seller agrees that such compensation and insumnce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability, for any and all damage, loss or injury ofany kind or nature whatsoever In persons or property caused by or resulting from the execution ofthc work pmvided for in this purchase order or in connection herewith. The Seller will indcmnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims, losses, dnmagcs, charges or expenses. whether direct or indirect and whether to persons or pot to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the SclRrs or contractors ofFecrs. agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees many 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 their oReces, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Ihereef and to defend the ,amc at the Seller, own cxpenw, to pay any and all costs, charges, attorneys fees mul other expenses arty and all judgments flint nay be incurred by or ermined against the porehuuscr or any of its or their omcem, agents or employees in such Suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or .said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the came to he dissolved and discharged by giving bond or othenwise. The Seiler and his contractors shall take .all .Safety precautions, furnish and instal] all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without liaitmom. the Occupational Snfcty and Health Act of 1970 and all rtdcs and regulations issued pursuant thcrem. 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