HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9957149 (2)City of
ort Collins
Page Number: 1
Delivery Date: 13//2009
Date: 7/16/2010
Purchase Order Number: 9957149
Line Qty/Units Description Extended Price
CHANGE ORDER 2 140,163.11
Total
This order isrk"a|idover $500Ounless
-signed byJames
—"B—O'Neill U'CPPO
City caFort Collins Purchasing, poBox soo.Fort Collins, Cowooez'o5oo
$140'163.11
Invoice Address:
City of Fort Collins
Accounting Department
p0Box 5n0
Fort Collins, CV 80522'0588
Purchase Order Terms and Conditions
1, COMMERCIAL DETAILS.
Tar exmrytioru. By sw ule the City affair Collins is exempt firm Blaze and local taxes. Our Ex�tioo Number u
98-04502, Federal Excise Tax Exerrgtion Certificate of Registry 84-6000587 is registered with the Collector of
lateral Revenue, Denver, COW.& (Re, Cabinda Revisal Statutes 1993, Chapter 39-26, 114 (a).
Goods Rejected. GOOD�REJECTED
rned o�ou forgallant
edit and ace am tote besl citho"vhch shipped or replaced exempt upon recapoof written
deficts Of
damage in transit, may
instructionsinstructionsShow the City of Fort Collins.
Inspection GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchan wn, services orequipment in response to this order cauresult innutherized
payment on the part ofthe City of Fon Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection Procedures.
Freight Tatra. Shipments rust be F.O.B., City of Fart Collins, 7W Wood St, Fort Collins, CO 90522, unless
otherwise,xaficdontbis order.lfpemussion ¢ Bivento prepay freight endcharge separately, @e original fieiglmt Mil
mist worngany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Wheremanufacturas have distributing points mvarious pans ofthe country, shipment isexpaaed
from the hanaw distribution point to dOwassam, and excess freight willbe deducted from Invoice when shipments the
made from greaza distance.
Partial, Seller shall procure at. sellers sole cost all necessary Perdu, certificates and licenses required by all applicable
laws, regulations, milm races d roles oftha state, municipality, territory or political subdivision where the work is
perfumed or required by any other duty constituted public authority, having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fort Collins haMess from and against all liability and loss incurred by them by
reason of an assured or established violation of any such laws, regulations, ordinances, roles and remi—fits.
Authwhation. All parties on this contra agree that the represenmtiva are, in fact bona fide and possess full and
w n,dee authority to bind said parties.
LIMITATION OF TERMS, This Purchase Ober expressly limits acceptance to the tams and conditions stated herein
set fortM1 end any eupplementay or additional temp andwnditione annexed M1ereto or vcuryorated herein by reference.
Any additionl or different terms and condition Proposed by seller secoached to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately dyro meat make complete shipment Ira no on your
promised delivery daze w noted. Time is of the essence. Befivery and perl'u mnnce mist be elfectN within the time
stated on the purchase order and the documents attached herein. No is of the Purchasers including, without
Irradiation, acceptance ofparti.1 late deliveries, shall operate as awalver ofthis provision. In the event ofmydday,the
Pumbas. shall have, in addition to other legal and equitable 1mkma, the option ofpi-ihl this order ehewbere and
holding the Seller liable for damages, However, the Seller shall not be liable for damages as a result ofddaya due to
causes not reasonably foreseeable which are beyond its rewmable control and without its Saul efoegligence, such was
Of God as of civil in rmlimy authorities, gmati nachand Priorities, fires, strikes, Flood, epidrda, wars or riots
provided thin notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time
when the Seller first received knowledge thereof, In the event fany such delay, the date ofd,ivery shall he ascended
for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wanunts that all good, mocla, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and perfonsed
with the highest degree of care and compeieace in seen dance with accepted standards for work of a sirsdar nature.
The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or
incur M account ofthe Sellers breach ofwanety. The Seller shall replace, repair or nuke good, without cost to the
purchaser, any defects or faults seising within one (1) year or within such longer period ofti— as maYbePmcribadby
law or by the urn of any applicable warranty Provided by the Seller after the date of acceptance of the goods
furnished herunder(acceptance not to be waensoebly delayed), resultingf .imperfect or defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any
claim murder, this warranty Except as otherwise provided in this Purchase order, the Sellers liability hareundbe` shall
extend to all damages proximately caused by the breach of any of the foregoing warmness or guaantms,
liability shall in nee event include Ices of profits or tar of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchaser may oaks changes to legal torn by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terror, other than legal tear, including additions to or deletions from the
quantities originally ordered m the specific ,dons or drawing, by verbal or written change order. If any such change
affects the amount due or the time of perforrnaee berand., an equitable adjustment shall be shade.
6. TERMINATIONS.
The Purchaser MY at any time by written cbange order, terminate this agreement as to any or all portions oftheds gra
then not shipped subject to any equitable adjacent nie between the porous as to any work or materials then in progress
d Na
t the Purchaser shall on, be liable for any claims for anticipated profits oa the ec.Mldcd portion of the
gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favorofthe Sell.
with respect to any goods which are the Seger standard stock. No such temdnazion shill relieve the Purchaser or the
Seller of any of their obligations as m any goods delivered hereunder.
'/. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment now be asserted within thirty (30) days from the date the change or temdmtion is ordered.
8. COMPLIANCE WITH LAW.
The Seller wananu that all goods sold herunder shall have barn produced, sold, delivered and furnished m strict
compliance with all applicable laws and regulations to which the goods see subject. The Seller shall emme and deliver,
such documents as may be required to effect or evidence compliance. All laws and regulations required to Is,
irmn,m fed in age.-- of this character are hereby incorporated herein by this reference. The Seller agrees to
ndemmify and hold tine Purchases harmless Gom all costs and da W. suffered by the Purchns, as a result 0f the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, manta, or convey this order, or any monies due or to become due hereunder without the
prim written coruent ofthe other party.
10, TITLE
The stibawanants full, clearanl wmresmletedtitleto the Purchaser for all emipment materials, aditerm fumNudm
Perforance of Nis agreement fier and clear of any and all liens, rcstrictlons, resmazion, security interest
encumbrance; and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the t and eannditicaa hereof, failure or delay to
exercise any rights or remedies Provided herein or by law, failure to o tl noli tM1e Seller in theeventofa Of the
the acceptance of or payment for goods herewder or appmvil 0flhe design, shall not release the Sellerofarry attire
warranties or obligations ofthis purchase order and shall not be deemed a waiver of my right ofthe purchaser to insist
upon strict performs ce hereof or any of its rights or remWies as to any such goods, ragnifflow
oral whenmodifisaiov or
received or accepted, as to any prior or subsequent default heru, ndc nor, shall any suffered
rescission of this purchase order by the Purchaser operate as a waiver cf any ofthe tern M1erwf
12. ASSIGNMENT OF ANTITRUST CLAIMS_
Seger soothe Purchaserrecognize that in actual economic practice, overcharges resulting'emantivustvbletionae
I. fact home by the Purchrow. Theretofore, for good cause sodas consideration for executing this purchaseorda, fine
Sehereby assign to the Purchaser any and all claims it tra
ger y now have or hereafter acquired under federal or state
antitrust laws for such overcharges relmag m the particular goods or services purchased or acquired by the Purchaser
pursuant m this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS,
Ifthe Purchaser deeects the Seller to correct nonconfmn ing or defective goods by a daze to be agreed upon by the
Purchaser and the Serer, and the Seller thercafier indicates its inability or unwillingness to comply, the Purchaser may
cause the work to be pw omed by the met expeditious awa, available to it, and the Seller shall pay all wets
associated with such work.
The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims ofany nature resulting
from the performance of such work.
This release shall apply even in the event offault ofnegligmce ofthe party released and shall extend to the directors,
officers and employees of such party.
The Seller's contractual obligation, including warranty, shall not be deemed to be reduced. in any way, because such
work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required muse any design, device, material or process covered by letter, patent, andenark or
copyright, the Seller shall indemnify and save hammier the Purchaser from my and all cM w for infivmgen e w by reason
ofthe use ofsuch patented deign, device, material or process in we«lion withthe ew trafinct, and
shall infringement alany we
ft
Purchaser for any cost, expense or damage which it maybe obliged to pay by r
during the prosecution or after the conadion fifth, work. In cases aid t, or any pan thereofer the intended
us<o(lh<goode, is in each suit held m constitute infringement and the ire ofsaid equipment or part is enjoined, the
Seller shaga, it , s own expense and at its 0ptiom either procure for the Purchaser the right to continue ring said
equipment or pans, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes
non -infringing_
15. INSOLVENCY. assignment
trustee forrSaydof she 5 llerslvent or bankrupt, po oryy a, business, this order nayfor fnnhwaM1nbe manaled by thepPncbrer without
liability.
16. GOVERNING LAW.
The definition of terns used or the interpretation of the agreement and the fights of all parties hereunder shall be
construed under and governed by be laws of be State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seger is to perform work hereunder, including the
services of Sellers Repramattive(s), on the prcrwws of others.
❑. SELLERS RESPONSIBILITY. dsbut inane
The Seller shall carry on said work at Seller's own risk until the sazm is fully maiplabdand accepted, an
of any zcciden4 deatmetion or injury to the work and/or camentils before Sauces final completion and acceptance
completes the work az Sellers own expense and the whisfictum afthe Purchaser. When materials and equipment ere
famished by others for installation or erection by the Seller. the Seger shall receive, unload store and handle same az
the site andbecome responsible therefor r though such m a Brad, and/or equipment were being famished by the Sella,
under the order
IS, INSURANCE.
The Seller shall, at his own expense. Provide for the payment ofworkm romper eon, including occupational dieeam benefits, to its employees employed on or in conner
ection with the work coved 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 general liability including, but not limited to, contractual and automobile public liability insurance with
bodily injury and death limits of a least $300,000 for any one Person, $500 000 for any one accident and property
damage law per accident of $400,000. The Sella shall likewise requve his contractors, if any, to pmvide for such
comns peation and insurance. Before any of the Sellers or his contractor employers shall do any work upon the
premises efothms, the Seller shall Finnish th<Purchasa with a certificate that such craMenwition and insurance have
been provided. Such certificates shall specify the date when such wrnpeasation and insurance have been provided.
Such certificates shag specify the date when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be maintained until after the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assurres the entire rcsperalbdity ad liability for any and all damage, loss or injury of any kind or
nature whatsoever to persons or Progeny caused by or resulting Gout the execution ofNe work provided for m this
purchase order or in connection herewith. The Seller will moenmify and hold harder the Purchaser and my or all of
the Purchasers officers, agents and employees from and against any and all claim, losses, damages, charges or
expenses, whether direct or inn
Indirect, and whether to persons
or property to which the Purchaser may he Put or subject
by reason of any act, action, neglect omission or default on the part ofthe Seller, any of his contractors, or any of the
Sellers or contractors officers, agents or employee. In case any suit or other proceedings shallbe brought against the
Purchaser, wits officers, agents or employees at arty time on account or by..an of any act action, wglea,ondasion
er
or default of the Sell. of any of his contractors or any of its or tbeir oKrcers, agents or employee, as aforesaid, the
Seller hereby agrees to assume the defense thereof and to defend the erne at the Sellers own expense, to pay any and
all costs, charges, az,arm, ha and other expense, any and all judgments that maybe incurred by or obtained ageimt
the Purchases, or any of ins or their officers, slows or employes in such suits or other proceeding, and in case
judgment or other lienbe placed upon or obtained against the property of the Purchaser, or said parties in or as aown
of such suits or other proceedings, the Seller will a once cane the some in be dissolved and discharged by giving band
0, otherwise. The Seller and his contractors shall take all safety precaution, famish and install all guards rweaeay for
the Dr mttwr of accidents, comply with all laws and regulations with regard to safety including, but without
Imdtman, the Occupational Safety and Health Act of 14/0 and all rules and regulations issued porsumr thereto.
Revised 03/2010