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HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9143546 (2)Fort 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 1of2 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 I 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@fcgov.com 1 LOT LS Total Invoice.Address: 107,918.78 ;t)�171F�E3 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCIAL DEMOS. Tax exemptions. By statute the City of Fort Collins is attempt tram state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered wit the Collator of Failure of the Purcbner to insist upon strict performance of the arms and co.did.. hereof, failure or delay to Inkmal Revenue, Denver, Colorado (Ref. Colorado Revised StnNtes 1973. Chapter 39-26, 114 (a). exereisn any rights or rearrdics provided herein or bylaw, failure to promptly notify the Seller in the went of a breach, to acceptance afor payment for goods hereunder or approval of to design, shall not seltrom the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of MY of the waranties car obligations of fis purchase order and shall not be darned a waiver of any right of due damage in mount may be returned to you for credit and are not to he replaced except upon receipt of wrinen purchoser to insist upon strict performance hermfor any of its rights or remedies w to any such goods,regardless itsstmerions Sum flue City of Fan Collins. ofwben shipped, received or accepted, as to any prior or subsequent default haemda, nor shall my partitioned oral modification or rescission ofthis purchase order by to purchaser operate in a waiver of any of fc leers Inspection GOODS are subject to the City of Fort Collins inspadan on aarivol, hereof. Final Acceptance Receipt of due merchandise, services or equipment in response to Oda oMer ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mtharired payment on the part of fe City of Fort Collins. However, it is to be understood tat FINAL Seller and the Portion recognim not in actual economic practice, ovembagcs resulting mtim ulting m rd ACCEPTANCE is dependent upon completion ofall applicable requirad inspection procedures. violations are in fact borne by to Purchsser. Thead.lom,for good rouse and as consideration for executing this purchase order, the Seller hereby assigns to to Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.N. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or .,.to mtherst laws for such overcharges relifing to the particular goods or services otherwise specified on this order, if pardision is given to prepay freight and charge separately, to original fight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not bo accepted. Shipment Distance. Where manufacturers have duaibuting points in various parts of the country, shipment is expected firm the nearest distribution point m destination, and excees freight will be deducted fmm Invoice when shipments arc made from grater distance. Permits. Seller shall mcum at sellers sole cast ell memory permits, certificatrs and licenses required by all applicable laws, regulations, ordinances and rates of the stale, municipality, territory or political subdivision where ,he work is performed, in mquired by any ether duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins barriers from and against all liability and lass endincurred by them by reason of an asserted or established violation of any such laws, regulations, on in ov es, rates requirements. Authorimfion. All parties to Nis conduct agree that der reposentaives ere, in fact, bona fide and possess full and complere authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to to terms and conditions soled herein set ford and any supplememary, or additional it. end conditions amexed hereto or incopoated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby njamd. I. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot make complete shipdnem to drive on your promised delivery date n noted. Time is of the essence. Delivery and performance must he effected witin the time stated an the purchase order and the documents attached hereto. No acts of to Purchasers including, without limitation, acceptance ofpadial lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, to option of placing this order elsewhere and holding to Seller liable for damages. However, to Sella shall not be liable far damages as a result of ddaye due to suss not reasonably forrsaable which are beyond its mountable control read witout its fault ofnegligeace, such acts of Gad, acts ofeivil or military authorities, governmental Frames, fires, strikes, Road, epidemies, wars or riots provided that notice of to conditions causing such delay is given to the Purchaser within five (5) days of flue time when to Seller first received knowledge thereof. In the event army such delay, due data of delivery shall be extended for fe period not to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wararb tat all goads, articles, materials and work eoveed by this order will conform wit applicable drawings, spaification. samples and/or at., dacripfimar gives, will be fit for to purposes intended, and performed with line highest degree of we, and compekna in accordance wit succinct suodwb, for work Of a similar more. The Sella agrees to hold to purchaxr harmless horn any loss, damage or expense which the Puachssermay suR or incur on account of the Sellers breach of wartanty. The Seller shall replace, repair o make good, witout cast to the purcbmar, my defects or faults &rising wlfm one (1) year or within such longer period of time as may be panto bed by law or by to tends of my applicable warranty provided by the Seller after to dam of acceptance of to goads famished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect err defective work done or routines finished by the Seller. Acceptance or use of goods by the Purchaser shall net codstimte is waiver of any claim under [Isis warranty. Except as otherwise provided in this purchase order, to Sellers liability hereunder shall ..read to &II damages proximately caused by the breach of any of the foregoing warranties or gmmvtas, but such liability shall in no event include loss ofpmfits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchsser may mats changes a legal teem by wrten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any chmga to the teem, oflar than legal tams, including addilions to art deletions from the quantities originally ordered in [he specifications or drawings, by verbal or written change order. If any such d ange affects the amount due or die time ofpertramare hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement ss to any or all portiods of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pragras pondat tat to Purchaser shall tut he liable far any claims far anticipated prefits on the uncompleted portion of to goods enNor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller wit rupee to any goods which art the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller ofmy oftircir obligations in to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be aserted within shirty (30) days from the date the change or termination is art S. COMPLIANCE WITH LAW. The Seller warrants Not all goods said hereunder shall have ban produced, sold, delivered and Punished in add compliance wit all applicable laws and regulations to which to goods are subject The Seller shall execute aM deliver such documents n may bar required to effect or evidence compliance. All laws and agulatiore required to be incorporated in agreements of Nix chodsomr art hereby incorporated herein by this reference. The Seller agrees to indemnity aid -bold the Purchaser harmless fmm all costs end damages suRaal by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Tandy shall at transfer, or convey this order, or any monies due or to became due hereunder without the prior written cement of the Oliver parry. 10. TITLE, The Sella warrants full, clear and unrestricted tide to to Purchaser for all equipment, materiah, and items fumishad in performance of dos agreement. face and clear of my and all liens, restrictions, reservatimu, security interest encumbrances, and claims ofofers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. lithe Purchaser directs to Sella to cannot nonconforming or de( five goods by a date to be agreed upon by to Purchsser and the Seller, and the Sella tereafler indiwtrs its irmbiliy in unwillingness to comply, to Purchaser may muss to work W be performed by to most expeditious means available to it and %a Seller shall pay all costs nssaiated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance ofsuch work. This neleare shall apply an in the event of fault of negligence of the pasty released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligmiam, including warranty, shall not be deemed sec be reduced, in my way, became such work is performed art caused to be pafamrW by to Purchsser. 14. PATENTS. Whenever fe Seller is required to use any design, device, material or Amass covered by tonic, patent, tmdemon or copyright, the Seller shall indemnify and save harmless the Ionnbacer from my end all claims for infringement by reason of the use of such patented design, device, material or process in connection with the annual, end shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any out fromf or the intended sue of the goods, is in such suit held m caudmte infringement end fe use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pads replace to same with substantially equal but mninflinging equipment, or modify it so it becomes noninGnging. tS. WSOLVENCY. If to Seller shall become insolvent or bardmpp make an assignment for the heart,( of creditors, appoint is rariver or trdsme far any of rare Sellers property or business, this order may trtwith be corrected by to Purchase without liability. 16. GOVERNING LAW. The definitions oftemm used or the interpretation ofthe agreement and the rights of all parties hereunder shall he consamed under and governed by to laws of the State of Colorado, USA The following Additional Conditions apply only is acres where the Seller is to perform work hercunda, including die services of Sellers Represrnta(ive(s), as IN, premiss ofofers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in c of any accident, destruction or injury to the work mdor mterials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of to Purchase, When materials and equipment ore famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsLle therefor as tough such materials and/or equipment were being fiumixhed by the Seller under the order. I S. INSURANCE. The Seller shall, at his awn expense, provide for fe payment of workers compensation, including occupefiavl disease benefits, to its employees employed on or in contraction wit to wark covered by this purchase under, enNor to their dependents in accordance wit the laws of the state in which to work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imm..nce with bodily injury and death limits of at least 5300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. 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 of 6ten, the Seiler shall fmish the Purchreer with a artificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnce have been provided Such certificates shall specify lie date when such compensation and insurance expires. The Seller agrees that such compensation and mono ce shall be mainlaiad until after the entim 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 of any kind or nature whatsoever to persons or pfopMy rsused by or resulting from to execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold borders the Purchaser and any r all of to Purchasers otters, agents and employees from and against any and all claims, losses, damagq charges or expenses, whether direct or indirect, and whether to persons or pmpery to which the Furnace, may be put or subject by mason of any act, action, neglect, omission or default on the part of tc Seiler, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or afor proceedings shall be brought against the Fu eboat, or its officers, agents or employers at any time on sourcnt or by retw r of any act, action, neglect. omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees ns aforesaid, the Seller hereby egria to assume the defense thcrtof and to defend the sane at the Sellers own expense, as pay any and all costs, charges, amormys fees and other expenses, any aM all judgments tat may be incurred by err obtained against for, Purchaser or any of its or their afficen, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said ponies in or as a result ofsuch suits or other proceedings, the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his antract.. shall take ell safety precautions, furnish and install all guards necessary for the prevention of accidents, comply wit all laws and mgulatiom wit regard to safety including, but without limitation, to Bumped ... I Safety and Beat An of 1970 and ali rules sad regulations issued pursuant thereto. Revised find I