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HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9957149 (2)Fort Collins Date: 02/16/2012 Vendor: 465997 MICHAEL BAKER JR INC 165 S UNION BLVD SUITE 200 LAKEWOOD Colorado 80228 PURCHASE ORDER PO Number Page 9957149 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS Colorado 80524 Delivery Date: 12/01/2009 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price >> CHANGE ORDER 9 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 1 LOT EA Total Invoice Address: 12,179.76 12,179.76 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6001597 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 Statutes 1973. Chapter 39- 26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be remmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofou any ofit rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default heremder, nor shall any putpaned and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise. sen'iecs or equipment in response in this order can moth in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitnst ACCEPTANCE is dependent upon completion ofall applicable required inspection prosedurec. violations arc in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase artier, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of End Collins, 7MI Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the panicular goods or services otherwise specified on this order. If prnnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for picking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point m destination, and excess freight will be deducted from Inerice when Purchaser and the Seller,and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay n11 casts associmcd with such work. Permits. Seller .shall procure at sellers sole cost all necessary permits. certificates and licenses required lay all applicable laws, regulations, ordinances and roles of the state, municipality, territory ar political subdivision where the work is performed, or required by any other duly constituted public authority hiving jurisdiction over the work of vendor. Scllcr further agrees to hold the City of End Collins brainless form and against all Iinhilay and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements, Authorization. All panics to this conflict agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any,opplcmcntary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diffemot terms and conditions pmpoud by seller arc objected to 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 of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitatinn, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. Howcvcr, the Scllcr shall not be liable for damages us a result of delays due to causes not reasonably foreseeable which arc beyond its seasonable central and without its fault ol'ncgligcncc. such acts of God. acts ofeivil or military authorities governmental priorities, fires, strikes. Bond, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within free (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 of the delay. 3. WARRANTY. The Seller warrants that all good. articles, materials and work covered by this order wilt conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the garpnscs 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 harmless front tiny loss, damage or expense which the Purchaser may suffice or incur no account of the Sellers breach of ss:imunty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year err within such longer period of time as may he prescribed by law or by the tcmW of any npplicable warranty provided by the Seller nfter the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofanv claim under this ommrty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend 10 all damages presimatdy caused by the breach of any of the foregoing wartmics 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 Purchaser may make changes to legal tcmts by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaser may make any changes to the lams, ruler than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfommncc hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, temminatc this agreement as to any or all portions of the goads then not shipped, ,object to any equitable adjustment het orcn the panics 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 of the gals andlry work, for incidental or consequential damages, and that no such adjustment be made in favor of The Seiler with respect to any good, which arc the Sellers standard stock. No such muniontion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants that all goods; sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods 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 arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convoy this order, or any monies due or to become due hereunder without the prior swrincn consent of the other parry. 10. TITLE. The Seller warrants full, clear wad unrestricted title in the Purchaser for all equipment, materials and items furnished in performance of this agmement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of .hers. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature msniting from the performance ofsuch work. This rcica a shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims fur infringement by reason of the use of such patented design. device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment err pan is enjoined, the Seller shall. at its own expense and at its option, either prraourc for the Purchaser the right to continue using said equipment or parts, replace the some with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If The Seller shall become insolvent or bankrupt make an assignment for the bencnt of creditors, appoint a macieee or toaster for any of the Sellers property or business, this order may forthwith be craccled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions of terms used or the interpretation ofihe agreement and the rights ofall panics hereunder shall be constmcd under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder. including the services of Scllcrs Representative(s), on the premises ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry ran said work at Scllcr's own risk until The sane is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to The satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shill receive, i nluad, store and handle same at the site and become responsible therefor as though such materials mad/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his men expense. provide for the payment of workers compensation, including occupntional disease benefits, to its employees employed on or in connection with The work covered by this purchase 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 gcncml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least SM0,000 for any one person. S500,000 for any one accident and proper damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises fathers. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until abet 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 n$msoorcr to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewilh. The Seller will indemnify and hold harmless the Purchaser and any err nil of the Purchasers officers, agents and employees from and against any and all claims losses. damages. 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 the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other pmccodings shall be brought against the Purchase, or its officers, agents or employees at any 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 officers, agents or employees as aforesaid, the Seller hereby agrees to assatme The defense thereof and to defend the same at the Sellers own expense to pay any and all costs, charges, attomcvs fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in sash suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said Panics in or as a result ofsuch suits or other pmeccdings, the Seiler will at once cans, the same io be dissolved and discharged by giving bond or other, isc. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prcvcation of accidents, comply with all laws and regulations with regard to safety including. but without limintion, the Occupational Safety and Health Act of 1970 and all macs and regulations issued pursuant thereto. Revised 0112010