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HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9146146Fort Collins Date: 10/21/2014 Vendor: 465997 MICHAEL BAKER JR INC 165 S UNION BLVD SUITE 200 LAKEWOOD CO 80228 PURCHASE ORDER PO Number Page 9146146 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: 10/21/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 City Bridge Program-KFCG WO #08-254902100-14 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 54,182.53 Pay terms net 30 days 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 ntamte she City of Fort Collins is exempt fmm mile and local lazes. Our Exemption Number is 98-04503. Federal Excise Tax Exemption Cmificatr of Registry 84-6000587 is registcrd wish she Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in marsh may be common to You for credo and art not to the replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject m she City of Fort Collins inspection on arrival. Final Acceptance. Recaps of the merchandise, services r equipment in response to this order a result in authorized pspoent on the pan of the City of TonCollins, however, it is in be understood that FINAL ACCEPTANCE is dependent up on completion Ofall Yplicubl. required inspection procedures. Freight hams. Shipment muss be EOilL. City of Fort Collins, 100 Wood St, Fort Collins, CO 80522. unless otherwise specified on this order. If pehmission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in comes pans of she county, shipment is expected from the nearest dismbutian point m dessisusion. cod excess freight will be deducted fmm Invoice when shipments are made from graver distaste. Permits. Seller shall procure at sellers sole cost all naasary parties, certificates and licenses naryired by all applicable is—, regulations, ordinances and soles of the sum, municipality, mmo ry or political subdivision where the ..,it is performed, err required by any other duly comtitused Public aurhodty having jurisdiction ova she work of vendor. Sella further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ooinanccs, roles and uquirements. Authorization. All parries to this contract agree that the representatives are, in fact, bona fide and possess full and ompletc author m bind said panics. LIMO 'Al'ION OF TERMS. This Purchase Order expressly limits commence sr she to. and conditions stated herein set simh and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different teams and conditions Prapmed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete sbipmem to amve on your promised delivery clam as noted- Time is of she essence. Delivery and pafomhmce must be eRecsed within the time stated im the purchase order and she document machd hereto. No aces of the Purchasers including, without limitation, maguir a ofpci isil late dellvaies, shall opetam as a waive, of this provision In the mint or., delay, she Purchaser shall have, in addition to offer legal and equitable sari she option affiliating this order elsewhere and holding the Sella liable for damages. However, the Sella shall a., be liable fr, damages as a result of delays due to carries as reasonably foreseeable which am beyond its reasonable antral and without its fault of negligrnc such acts ofGdct , aofcisil or military ambontin, governmental priorities, fireod s, shikes Roepidemrs ies, woor riots provided slut notice of rise condmom causing such delay u given to she Purchaser within five (5) days of she time when the Seller shot received knowledge thertal In the event of any such delay, the dose of delivery shall be extended for the period equal to she time actually lost by season ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples orator other descriptions given, will be fit fur the purposes intended, and performed with the highest degree of care and competence in accordance wish accepted standards for work of a similar nature. the Seller agrees to hold she purchaser harmless fmm any loss, damage or expense which the Purchaser may larger or incur oa or. units Sellars breach of wurmnty. The Seller shall replwe, repair or make gaud, without cast to the purchases, any defects or faults arising within one (1) year or within such longer period of time as may h prescribed by law or by she teat of any applicable warranty provided by she Seller after the dale of acceptance of she goads furnished hercuMa (accryunce not to be unseasonably delayed), resulting fmm imperfect or defective work done or materials garnished by she Sella. Acceptance m we of goods by she Purchaser shall rot ..done a waiver of my claim under this warranty. Except a otherwise provided in this Paribas, order, she Sellers liability hereunder shall extend so all damages proximately common by she breach of any of she foregoing warranties or guomnttts, but such liability shall in no evend include loss of pool,. 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 seem by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal mean, including additions to or debuions from the quantities originally ordered in she specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to my amitable adjustment between she panics as to any work or materials then in progress provided that she Purchaser shall not be liable for any claims for anticipated profit on she uncompleted portion of the goods moor work, for incidental or consequential damages, and that as such adjustment be made in to. of ma Sella wish mapec, as any goods which au the Sellers standard stock. No such terminmian shall relieve the Purchaser or the Seller ofany afsheu obligations as to my goods delivered h rmander. 7. CLAIMS FOR ADJUSTMENT. Any claim for influential most Ix asserted within thirty (30) days from she dose the change or mrmiration is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shot[ have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are sobject. The Sella shall woram cad deliver such documents a may be required to effect or evidence compliance. All laws and regulations required m be ncorPommd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all now and damages suffered by the Purchaser an a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, Ramada, in convey this order, or any monies due or to became due hereunder without the prior written consent of she other semi 10. TITLE. The Sella wamm.x hill, clear and unrecorded title to the Purchaser for all equipment, material and items fumuhed in performance of this agreement fire and clan of my and all liens, restrictions, sesenadians, security interest encainbmnces and claims ofashers. I I. NONWAIVER. Failure of she Pedroa sm insist upon strict perform. of the scram road commiciss ber—C, failure a delay to exercise any rights or remedies provided herein or by law, failure to pmnptly notify the Sella in the event of breach, the sompmnce ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase coke and shall not be reemnd a xaiver of my right of the purchaser to boost upo. steer performance hereof., any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, no shall any purported curl modifiwlio s or rescission of this purchase order by the Purchaser afraid. v a waiver of any of the on. hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from maintain violations arc is fact boom by the Purchaser. I heretofore, for good cause and as consideration for executing this purchase order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hereafter acquired under federal m state antitrust laws for such overcharges relating m the particular goods or services purchased or acquired by the Purchaser pursmnt to this purchase order. 13,PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs she Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and she Sella, and the Sel]a,haafter indicates it hubilily or mwfllingrtss to comply, the Purchaser may came the weak m be performed by One most expeditious means available to it and the Sella shall pay all ants reascom d with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any name resulting from she performance afsuch work. This release shall apply even in the sans of fault of negligence office parry released and shall extend to the directors, afters and employees afsuch pan,. The Solos contractual obllgatlom, including warranty, shall not be deemed to be reduced, in any way, because such wmk is perfined 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 apyngln, the Seller shall indemnify and save hamtess she Purchaser from any and all claims fur infngem ou by reran of the use of such Patented design, d im, 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 Ray by reason of such infngement at any time during the prosecution or after she completion of she work. In case said equipment, or any pm thereof or the intended use of she goads, is in such suit held to comticate whist cmem and the use of said equipment or part is enjoined, she Sella, shall, at its own expense and at its option, 60. pmam for she Purchaser the right to continue using said equipment or Was, replace she same with substantially equal but mninfringing equipment, or modify it an, it becomes noninGnging. 15.INSOLVENCY. If she Seller shall become irtolvar or bankrupt, make an wrigmnent for the benefit of creditors, appoint a receiver or tran ance for y of the Sellers primary or business, this mda may f. dromb Ix canceled by the Pachacr wishom liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the .,no of all parties hereunder shot[ be onsdued under and governed by the laws of the State cf Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perfarm work hereunder, including the services of Sellers Repreunsi ive(s), on the premises ofoshers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully complesd and accepted, and shall, in case of my accident, destruction or injury to the work motor maseruls before Sellers final completion anal acceptance, complete the work at Sellers own expense anal m she satisfaction of she Purchaser. When materials .it equipment are fiu mbead by.thers far installation or erection by she Seller, she Seller shall mccive, unload store and haMle sane at the site rand become reasonable therefor ss though such materials moor equipment were being famished by the Sella under she roa. 18. INSURANCE. The Seller shall, at his won expense, provide for the payment of workers compensafion, including Occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance wish the laws of the state in which she 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 (Wily injury and death limit of at less, $300,011. for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his ontramoo, if any, to provide for such compenation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, rise Sella shall fiunish the Purchaser with a efi ificare 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 dam when such compensation and insurance expires. The Seller agrees that such configniation and insurance shall be maintained until after she as work is completed and comptd. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the as responsibility and liability for my and all damage, loss or injury ofany kind r ware whaso ver m persom or property caused by at resulting fmm she corrosion of she work provided for in this purchase order or in connectim hemavish. The Sella will indemnify and hold harmless she Purchaser and any r all of she Purchasers officers, agents and employees from and agahal my and all claims, losses, damages, charges or expenses whether direct or indirect, and whether to persons or property m which the Purchaser may be pus or subject by reasan of my act, action, neglect, omission or default an she pan or she Sella, my of his contractors, or my of she Sellers or contractors officers, opens, or employees. In case my suit or other pow dings shall be brougln agalmt the Purchaser, m iss alters, agents or employees at any lime on account or by reason of any act, action, neglect, omission or default of she Sella of my of his comucmrs or any of it or their ofcas. agents or employees to aforesaid, she Seller hereby agrees to assume the defense there.(end to defend the same at the Sellers own expense, to pay any and all cost, charges, atmmgs fees and other expenses, any and all j.dgmmts that mar be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against rise property of the Purchaser, or said ponies in or as a result of such suits or other proceedings, she Seller will at once cause she mine to be dissolved and discharged by giving band or otherwise. The Sella and his contractors shall coke all safety precaution, famish and install all guards necessary for she prevention of accidents, comply with all laws and reg datiam wnh regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursttant thca m. Revised 07n014