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HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9957149 (2)Fort of Date: 08/29/2014 Vendor: 465997 MICHAEL BAKER JR INC 165 S UNION BLVD SUITE 200 LAKEWOOD CO 80228 PURCHASE ORDER PO Number Page 9957149 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS CO 80524 Delivery Date: 12/01/2009 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 18 CHANGE ORDER 12 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 Total Pay terms net 30 days Invoice Address: 88,756.05 M11.41.7 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions, By statute the City of Fen Collins is exempt from sate and local saxes. Our Exemption Number is 98-04503. Federal Excise Tax Exemption Carnivore of Registry, 84fi000587 ls registered with the Collector of Internal Revenue, Paul Colorado (Re[ Colomdo Raised Statutes 1923, Chapter 39-26.114 (a). Goads Rejected. GOODS REJECTED due to failure to meet spxificadom, either when shipped or due to defects of damage in tamir, may b< rttumed to you for credit and are rot to he replaced except upon receipt of wrinen imauctions form On, City of Fort Collins. Inspection. GOODS aft subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this older can result in authodzod payment on the No of the City of Von Collins_ However, it is to be understood] that FINAL ACCEPTANCE is dependent upon completion of ell applicable required impection procedures. Freight Terms. Shipments most be F.O.B., City of Fan Collim, 700 Wood SL, Fort Collins, CO 80522, unless otherwise specified on this oldor. If permission is given to prepay fight and charge separately, the original freight bill most accompany, invoice. Additional charges for packing will not be accepted. Shipment Distance. Where m nuhacmrers have distributing points in variant pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall reform at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulaions, ordinances and rules ofrhe state, municipality, temtory or political subdivision where flit work is performed, or required by any other duly constituted public authority bavingjurlsdirion over the work or vendor. Seller further agrees to hold the City of fort Collins harmless from and against all liability and loss twred by then by reason turn asserted or established violation of any such laws, regulations, ordinances, mles it requirements. Anihorizalum. All patio, a this contruat agree that the representatives are, In feet, bona fide and possess full rand complete authmy to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions .,,it herein set forth and any supplementary or additional terms and conditions armexw herein or incorporated herein by reference. Any additional or different fema and conditions p-Nsed by sailor are objected I. and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedialely ifyou commit make complete shipment to arrive oa your premised delivery &to res noted Time is of the essence. Delivery aW performance most be offered within the time stated an the purchase order and the documents atzched hereto- No acts of me Puchmers including, without limitation acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older elsewhere and holding the Seller liable for damage. Howov, the Seller shall not be liable for damages as is resell of delays due to rouses awl reumubly foreseeable which are beyond its reasonable control and without its fault ofnegligmem, such aces of God, cis of civil or military, authorities, governmental priorities, fires, stoles, ❑end, epidemics, wers or hors provided that notice of the conditions cansing such delay is given to the Franchiser within five (5) days of the time when the Seller first received knowledge thereof. In me 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 warrams User all goods, articles, mmeria6 and work covered by this order will confirm to applicable drawings, spaificmiom, samples arrif other descriptions given, will be fit fir the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar more. The Seller agrees W hold the purchaser harmless from any lass, damage or expense which the Purchaser may suhTer or incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make goad, w,,he. 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 terms ofany applicable waranty provided by the Seller afm the date of acceptance of the goods famished hereunder (acaeptanc , not to be oa comarably delayed), resulting form imperfect or detective work done or maenals famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this waranty. Except as otherwise provided in this purchase order, rue Sellers liffiillry hereunder shall extend to:ell damages proximutely caused by the breach of any of the foregoing warunties or guarantees, but such liability shall in no event include loss affronts or lass of nse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teem by written change ardor. 5. CHANGES IN COMMERCIAL TERMS. The Produma may make any changes to the tomes, other Nan legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written mange order. 11 any such change affects the amount due or the time of perfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Puchatt may al any time by writes change mea, terminate this agreement m m any or all Ponimer of -be jousts then rat shipped. subject to any equitable whicament between des parties u to any work or materials then in progress Provided that the Purchaser shall not be liable for any claims for anticipated profits on the ..umpired portion of the gmaB maker work, for incidental or fore quettisl damages, and that an such adjnsrmrnt be made in favor of the Sella with respect to any goods which art me Sellers munched stack. No such termination shall relieve the purchuer a the Seller ofany of their obligations u to any goad delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be msemed within tarty (30) days form me date the mange or renomination is mined. 8. COMPLIANCE WITH LAW. The Seller warrants that all good 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 may be equaled m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnity and hold the Purchaser harmless form all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he ,nor written consent of the other patty. 10, TITLE. The Seiler warrants full, clear and unrestricted title m the Parmaaor for all equipment, materials, and items fumiched in performance of this agreement, free and clear of any arW all lien, restrictions, reservations. security colonel encumbrances and claims of others. 11. NONWAIVER. Failure of me Purchaser to insist upon amet performance of the terms and conditions hereof, failure or delay to any lights or remedies provided herein or by law, failure to promptly notify, the Seller in the ewal of a breach, the acceptance ofor payment for goods hereunder or approval offer design, shall not release the Sella of any of the warranties or obligation of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon stet palwarn. hereof or any of its lights or remedies as ro any such goods, regardl6s of when shipped, received or accepted, as in any prior or subsequent default hercmWeq nor shall any puperned oral modification or rescission of this purchase oMer by the Purchaser openly as a waiver of any of the terror hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust violations are in fact borne by me purchase, TheMofore,nfor rgood cans and as consideration for executing this purchase older, the Seller hereby resques to the Purchaser any al sH claims it may now have or hereafter acquired under federal in state antitrust laws far such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase, order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconfo Teem, or defective goods by a date to be agreed upon by the PurcM1nser and the Sella, and the Seller thereafter indicates its inability art unwillingness or comply, the Purchmer may cause the work to Is, performed by the most expeditions means available to it, and the Seller shall pay all costs meuciuted with such weak. The Seller shall release he Imehaer and its contractors of any tier form all liability and claims of my nature esulling from the pat ..ance of such work. 1 Lis release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because ,such work is performed In caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is replied to lure any design, device, material or process covered by letter, patent, trademark copyright, the Soler shun Indemnify and save barmless the Purchaser from any and all anima for 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. expeme or damage ditch it may be obliged to guy 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 thereof or the intended tow of the goods, is in such sun held to comrimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expemc and al its option, either procue for the Purchawa the fight to continue using said equipment or pans, replace the same with substantially equal but noninGnging ryopmenr, or modify it so it becomes noninfirra . 15. INSOLVENCY. If the Sella shall become insolvent or badmen , nuke an assignment far the bmeft of creditors, appoint a rectiver or berme for any of the Sellers property, or business, this order may forthwith be maimed by the Purchaer without liability. 16. GOVERNING LAW. The definiliou of temp now or the maryretation ofthe agreement and the rights of all parties heremWer shall he concerned under and governed by the laws ofthe Slate ofColomdo, USA. The following Additional Conditions apply only N cases where the Sella is to perform work hermndeq including the services of Sellers Repolmore live(s), on the mal ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepal, and shall, in case of any accident, destruction in injury m the work tanker 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 al,ipmem are fumisheJ by others far installation or erection by the Seller, the Seller shall receive, unload, ,rare and handle same at the site and become responsible therefor as though such materials maker equipment were being famished by the Seller under the order. 18. INSURANC E. 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, maker to their dependenu in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive grnenl liability including, bur not limited w, commorml and automobile public liability insurance with bodily injury and death limits of at least $300IX54) for any ors, person, E5ago,(KKI for any oaccident and property damage limit per accident of S4Ug000. The Seller shall likewise require his tractors, if any. to provide for such compensation and irsumnce. Refire any of the Sellers or his commerors employees shall des any work upon the premises of others, the Sella shell famish the Purchaser with a artificale that such compensation and insurance have been provided. Such ttnifcaes shall specify the date when such communion and insueance have been provided- Such cmifcares shall specify lM date when such compemunti n and insurame expires. The Seller agrees Nat such compensation and imuraoce shall be maintained until after the .Jim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ors ma fc entire responsibility mul liability for any road all damage, loss or injury ofany kind or comes whats«ver to persons or propmy caused by or mulling form the execution of the work provided for in this purchase, older or in connection herewith. The Seller will indemnify and held hamdess the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or eapemes, whether direct or indirect, and whether sot persons a propeny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officer, agents or employees. In case any suit or other proceedings shall be, broughl against the Pumhmor, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees f assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys 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, agent or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or obtained against he popery of the Purchaser, or said patties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving and or otherwise. The Seller and his transitions shall take all safety precramea:s, furnish and Install all guards necessary Ibr the prevention of accident, comply with all laws and regulations with regard to safety including• but without limitation, the Occupational Safety and Health Act of 1990 and all mles and regulations issued pursuant below Revised 0912014