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HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9143546Fort Collins Date: 06/24/2014 Vendor: 465997 MICHAEL BAKER JR INC 165 S UNION BLVD SUITE 200 LAKEWOOD CO 80228 PURCHASE ORDER PO Number Page 9143546 101`2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 06/23/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Riverside Bridge Rplcmt. 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@fogov.com 1 LOT LS 107,918.78 Total $107,918.78 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stamte the City of Fort Collins is exempt from score and local sxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Dmvea Colorado (Ref. Colorado Revised Samtes 1973, Chapter 39-26, 114 far Goods Rejected, GOODS REJECTED due to Drum to meet specifications, either when shipped or due to defects of damage in transit, may be trimmed to you for credit and are not to be replaced except upon receipt of wrinm instructions from the City of Fon Collins. Inspection GOODS are subject to the City of Fort Collins inspection on arrival. Fiml Arapmme. Receipt of the memhandlse, services or equipment in mapome to this ardor can result in authorized payment on me pan of the City of Fon Collins. flowever, it is to be understood that FINAL ACCEPTANCE 4 depeadmt upon completion of all applicable required inspection procedures. Freight Team. Shipments muss be F.O.B., City of Fort Collins, 700 Wood Sr. Fort Collins, CO 80522, unless othenadre spscifed on this order. Upermission is given to prepay freighl and charge separately. the original freight bill rant accomWny invoice Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have, diambuting points in annual part of me country, shipment is expected from the max., distribution in, ro dalimtion, and excess freight will be deducted from Invoice when shipments on, made from greater distance. Permits. Seller shall porcure an it. sole cat all naessary permis, c ndifcata and licenses required by all applicable laws, regulml me, ordiuca and toles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly camtimted public authority havingjunni iction over the work of reactor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted m established violation of any such laws, regulations, onlinanca, rules and ra,mmmems. Authoritarian. All panic to this contract agree that die repreunratives 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 rents and mMition toted herein sell fnnh and any supplemmmry or additional terms and condition annexed hereto or incoryomaed herein by reference. Any additional or dilfertnl team and condition proposed by seller me objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and pafrmance mast be effected within the time stated on the purchase order and the documents attached hi No acts of the Purchasers including, without limitation, acceptance of partial late deliveria, shall claim as a waiver of this provision. In the event of may delay, the Purchaser shall have, in addition to other legal am equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. however, the Seller shall not be liable for damages as a result of delays due to causes not reawnably f smaceable which are beyond its reasonable uncial unit without its fault of negligmce, such acts of God, cos of civil or at hie, authorities, govannu ntal priorities, fires, strikes, If epidemics, wars or nuts provided that notice of the conditions causing such delay is 6iovu m the Purchaser within five (5) days i f the time when the Seller unit received knowledge tlsreol: In the event o1any 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 Seller wormals that all goods, articles, materials and work covered by this awa will confirms with applicable drawings, specifications, samples and/or other descriptions given, will be ❑t 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 harmless from any lass, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (U year or within such longer penod of time as may be prescribed by law or by the team army applicable warranty provided by the Seller after the date of acceptance of the goods @mished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Pomished by the Sella. Acceptance or use of goad by the Purchaser shall not ontimre a waiver of any claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages por.ximutely caused by the breach of any of the foregoing warranties or gwhantees, but such liability shall in no event include less 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition to or deletions from me gmarmines originally ordered in the apecificatioa or drawings, by verWt or written change order. If easy such change oRocs the amount due in the time of prfomantt hereunder, an equitable edjtmment shall l e made. 6. TERMINATIONS. The Purchaser may at any time by women change We,, terminate this agreement - m any or sll ponian of me goods then not shipped, subject to any equitable Whodunits between the parties as to any work or materials then in progress provided that me Platinum shall not be liable for any claims for anticipated porfits on the uncompleted Remain of the goads mat work, for incidmml or cotsuqumtial damage, and that no such adjustment be made in favor of the Sella with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of eey ofineif obligmion m to any grads delivered bramndef. 9. CLAIMS FOR ADJUSTMENT. Any claim far adjaasmenl test be acsaned within thirty (30) days form the dare she change err termimrion is ordered. 8. COMPLIANCE WITH LAW. The Seller wmmnx that all good sold hereunder shall have been pmdured, sold, delivered and banished in stun compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such document as may be required to street or a aleare compliance. All laxs and regulation raquiaN to be nalwoued in agreements of this character are hereby ineoryoned herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Be. all costs and damages suR rid by the Purchaser az a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Nenhec Party shall assign, transfer, or convey this older, or any monies due or to berme due hereunder without me prior writer, at, ofine Omer party. 10. TITLE. The Sella warrants full, clear and unfatdned title to the Purchases for all equipment, materials, and items fum¢bed in performance of this agreement, free and clear of any and all lien, restriction, reservations, security interest rneumbrances and claims of others. 11. NONWAIVER. Failure of the Provinces to insist upon strict performance of the terms and conditions hereof, failure or delay to examom any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance offer payment for goods hereunder or approval ofthe design, shall not release the Sella of my of the warranties or obligations of this Fun:hau order and shall not be deemed a waiver of any right of the pmebazer an insist upon strict performance hereofor any of its .,his or remedies as to any srich good, regardless of when shipped, werived or accepted as to any prior or subsequent default hereunder, nor shall any imported am[ modification or rresemoon of this parchow order by the Purchaser operate az a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual a ng mic pccum, itenduaa resulting form antitrust violation ate in fact home by the Execution. Themfo are, for good aces, four as consideration for executing this purchase order, the Sella hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under federal or sate anftmst laws for such overcharges relating to the panimlar goods or services purchased or acquired by the Purchaser poisoner to this purchase other. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs me Seller to commit nonconforming or defective goods by a date to be agreed upon by the Purclus r and the Seller, add the Sella merafer indicates its nubility or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all cuss assuciated with such walk. The Seller shall scheme me Purchaser end is contractors of any tier from all liability and claims of any made resulting firm the pert wof such work. This release shall apply even in the event of fault of negligence of the funny released and shall wand to the directors, officers and employees of such luny. The Sellers contractual obligation, including warranty, shall not be, domed to be order in any way, because such work is performed or -used to be pMormed by me 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 hmmlas the Purchaser from any am all claims for infringement by reason of the se of such parented design, device, material or process in connection with the contmet, and shall indemnify the Purchaser for any cast, 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 case said equipment, or any pan thereof or the intended use of the goods, is in such suit held m constitute inGngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmmre for the Pmchazer the right to continue using said equipment or puns, replace the same with substantially am) bur noninfringing equipment, or modify it so it becomes n omfirl gang. 15. R SOLVENCY. If the Seller shall become Inmlvent of baN:mpf make an assignment for the benefit of creditors, appoint e receiver or tmsme for any of the Sellers property or business, this order may forthwith be canceled by she Purchaser without liability. 16. GOVERNING LAW. The definitions of at. used or the interpretation of the agreement and the rights of at I parties hereunder shall be consumer r under and gtwemed by the laws i f the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represcnrativinsk on the premises orodurs. 17. SELLERS RESPONSIBILITY. The Sella shall carry, on said work at Sellers own risk until the same is fully completed and accepted, and shall I, in au of any accident, destruction or injury to the work and/or materials berate Seller's final completion and acceptance, complete the work ar Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others far Intellmlon or conduct by the Sells,, the Seller shall receive, unlond. store and handle same at the site and become responsible therefor as though such materials mires equipment were being fasmished by me Seller under the order. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers contamination, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in acmrde nce with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive ground liability including, but act limited to, contractual and automobile public liability insurance with 0.tlily inlury and death limits of at lent S300,00o for any one person. 5500,000 for any use accident mad property damage limit per accident of SAW,". The Seller shall likewise require his contract. , if any, as provide for such mmpencomn and a-.—.. Before any i f the Sellers or his mourvema employees shall do any work upon the premiss of others, me Sella shall f ish the Purchaser with a certificate that such compensate. and inumnce have burn provided. Such radificats shall specify the &te when such compensation and imrmme have been provided. Such certificates shall specify the date when such comperesvtion and insurance expires. The Seller agrees that such compensation and announce shall be maintained until after the entire weak is vomplaM add accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or whatsoever m pasom or property carurd by or resulting from the execution offle work provided for in mis purchase coder min connection herewith. The Seller will indemnify and hold hmmleas me Purchaser and any r all of the Purchasers officers, ages and cmployms from and against any and all claims, loses, damages, charges or expenses, whether direct or indirect, coal whether to persons or pmpeny to which the Purebasa may be put or subject by reason of any tot action, neglect, omission err default oa the pan of the Sella, any of his comments, or any of me Sellers or contractors officers, agents or employees. In case any suit or other pmcecdiags shall be brought against the Punbmset, or its officers, agents or employees at my time on account or by remain of any art, action, neglect, omission ot default of me Sella of any of his mntracmrs or any of is or mail officers, as. or employers as aforeuid. the Seller hereby agrees to assume me defense thereof and to defend me rune at me Sellers own expense, id pay any and all cast, charges, mrsomys fees and outer calamities, any and all judgmms that may be incurred by or obtained against me Purchaser or easy of is or their officers, agents or employees in such suits or other prom dings, and in case judgment or Ether lim be placed upon or obtained against the property ofine Purchaser, or said parties in or as a mull of such suits or other proceedings, the Seller will as once cane the same to he dissolved and discharged by giving bond m otherwise. The Sella and his contractors shall take all safety precaution, furnish and install dl guards necessary, for the prevention of accidents, comply win all law, and regulation with regard to safety including, but without limitatioq the Occupations[ Safety and Health Act of 1970 add all rules and regulation issued pursuar thereto, Revised 03I2010