HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9146803Fort Collins
Date: 11/21/2014
Vendor: 465997
MICHAEL BAKER JR INC
165 S UNION BLVD SUITE 200
LAKEWOOD CO 80228
PURCHASE ORDER
PO Number Page
9146803 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: 11/21/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I City Bridge Program-KFCG
WO #10-254902100-14
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
19,057.50
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tetras and Conditions
Page 2of2
1. COMMERCW,DET'AIIS.
Tax exemptions. By statute the City of Fan Collins is exempt fmm state and brad axes. Om Exemption Number is
11. NONWANER.
98-W 502. Federal Excise Tax Exemption Certificate of Registry 84-Milli ] is registered with the Ciriecmr of
Failure of the Purchaser to imint upon arict performance of the tennis and conditions hereof. finhue or delay 10
formal Revenue, Deaver, Colorado (Ref. Colorado Revised Smmtes 1973. Chapter 39-26. 114 ink
exercise any rights or readies pnevidcd herein or by law, failure to promptly ratify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not comae the Seller of
Galls ReE,bwL GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon motor of written
purchaser to insist upon side, Performance hereofor any of its rights or remedies us many such goods, regardless
inwmion from the Co, of Fun Collins.
of when shipped, received Or accepmd, to to any prior or subsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the corms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of tM merchandise, services, or equipment in respome to Nis order can malt in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authored payment on the pan of the City of Fan Collins. However, it is m M ardersmod that FINAL
Seller ad Ore Pumhmer restaurant mat w actual economic Preedar, overcharges mulling fern antibust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure.
violation are in fact More by the Purchaser. Themofore, for good cause ad as consideration for executing this
purchase order, the Serer hereby assign to the Purchaser any and all claims it may now have or heseaBer
Freight Tenn. Shipments must be F.O.D., City of Fort Collins, 700 Wood St, Few Collins, CO 80522. unless
acquits under federal or sate entiamt laws for such overcharges relining to the particular good or warvices
oferwiu specified on this order. If prrmission is given to Prepay freight and charge separately. the original freight
purchased or acquired by the Purchaser pursuant In this Purchase order.
bill must accompany invoice. Additional charges for packing will not M accepted.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
Ifthe Purchaser directs the Shcrr, to comet nonconforming Or defective goads by a dine to be agreed upon by the
expected from the namt distribution paint to destination, and excess lraght will M deducted from Invoice when
Purcharrand the Serer, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
shipments are made fmm greater distance,
may cause the work I. be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary pcnuil5, cenifiam and licenses required by all
applicable laws, regulation, ordinames and roles of me Stare, municipaliy, territory he political subdivision where
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
the work is performed, or regoirtd by any rfef duly th minted public authority having jurisdiction over the work
molting fmm the performance of such work.
of ,ender. Seller fuller agrees to hold the City of Fort CoRim bottlers from and against all Liability and loss
incurred by them by reason of an asserted or established violation of any such Imes, regulations, ordinances, rules
This relase shall apply even in the event of fault of negligeme of the party relmsed all shall extend to the
and "mremens.
directors, Officers all employees of such party.
Authodation. All parties to this contact agree that the representatives are, in fact. Mora fide and possess full and
complete ambariry to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the corms and conditions stated
herein set faith and any supplementary or additional terms and conditions annexed hereto or inampars ed herein by
reference. Any additional or different ramie and conditions proposed by seller the objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance mint IM effected within the time
smted on me purchase order and the documents amched hereto. No act, of the Purchuers including, without
limitation, wax fir a, ofpw ixI late deliveries, shall memo as a waiver ofthis provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and rgmarble remedies, the option of placing Nis order elsewhere
and holding rho Seller liable for damages. Homiest, the Seller shall not M liable An damages as a .11 of delays
due m causes not reasonably fomemble which are beyond its nensonable control and without ices fault of negligence,
such aces oFG.d, aces ofeivil or military authorities, pr a ronental priorities, puts, strikes, food, epidemics, wars or
rims provided for notice of the conditions caning such delay is given to the Purchuer within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the pen.d equal to the into actually dos, by reason of the delay.
3. WARRANTY.
The Seller moments that all good, articles, maerials and work covered by this order will conform wi$ applicable
drawings, specification, samples and/or other disruption given, will M fit for the propose, intended, and
performed wish the highest degree of care and commence in accoodar:cc with accepted standards for whelk of er
similar nature. The Seller agrees to Mid ere ptrshwtt harmless from any loll, damage or expense which the
Pu chodur may suffer or wear on account Of the Sellers breach of.ty. The Sella shall repi., repair or make
good, without cost to the purchases. any defects or faults wising within one (1) year or within such longer proved of
time m may M pmcfiW by law or by the rams of my applicable warranty provided by the Seller after the dine of
deteriorate of the goods famished hereunder (acc@ranee not to M unreasonably delayd), malting from imperf ,
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purch oor shall not
constitute a waiver of any claim under this warranty. Except as ofawiae provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no event include loss of prefls or loss of use. NO IMPLIED WARRANTY
OR M ERCI IANTADILITY OR OF Fri NESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The purchaser may make changer to Icga1 terra by wnnrn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to use terms. other than legal used, including adiniom to or deletions from
the quantities ongindly ordered in the s nerfiatiom or drawings, by vonal or writer change order. If any such
change oRectc the amount doe or the time ofpedormantt hereunder, an equitable adjustment shall M made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any Muitable adjustment between the panics as to any work or materials then in
progress Provided net the Purelmoor shall no, be liable for any claims for i ntieipmed profits on the uncompleted
portion of the good andrar work, for incidental or consequential damages, and that no such adjustment be made in
fvu, of he Seller with respect b any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of my oftheir obligation to to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim fro ad,.. .1 M assrrld within furry (30) days from the date ere change or termination is
mado d.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have hem produced, sold, delivered and fumisbd in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seiler shall executo and
deliver such documents at may M required to affect or evidence compliance All laws and regulation required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees 10
indemnify and hold the Porch aver hurtnless from all cods and damages suffered by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tr9mfcr, or convey this orde, or any monies due or to become due hereunder without the
For, winner cement of the other party.
10. TITLE.
The Seller wamns full, clear and unrestricted fide m in, Purchases for all equipment, msonords, ed hems fumishd
in perfomunre of this agreement, fro and clear of any and all lien, mtrictiom, reservations, srrwy interest
mormal m rres and claims ofaNers.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any wary, because
such work is performed or caused to M perfomtd by the Punctuation.
14, PATENTS.
Whenever the Seller is required to use any design, device, material or process Oovered by letter, patent, trademark
copyright, the Seller shall indemnify and save harmless the Foochow, from any and all claims fo, infringement
by reason of the use of such patented design, device, material or promos in connection with the contract, and
shall indemnify the Purchner for any cost, expense or damage which it may M obliged to pay by reason of such
inGngemem at any time during the prosecution or after the completion of the wad:. Its case said equipment, or
any pan thereof of me Intended use of the good, Is In such suit Acid to constitute Infringement and the use of
said equipmem or pan is enjoined, the Seller shall, at its own rxpeme all at is apfm, either procure for the
Purchaser the right to continue mull said equipment or pans, replace the same with substantially equal but
wri nfringin, equipment, or modify it so it becomes anninfn-nging.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an asigumenl for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith M canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms coed or the interpretation ofNe agreement and the rights are][ parties hereunder shall be
ontmed under and governed by the laws ofthe State ofCodorme. USA.
The following Additional Condition, apply only in cassai where the Seller is to perform work hereunder,
including the smices nfScllm Ropresentalive(s), on the premises of orders.
17. SELLERS RESPONSIBILITY.
The Seller shall cart, on said work at Sellers own risk until the same is fully complo d and accepted, and shall,
in u of any accident, desnuctic n or injury to the work and/or maends Maine Sellers final completion and
acceptance, complete the work a1 Sellers own expense and m the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle same at the site soil became responsible therefor as though such materials and/or o,iipmenl
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expanse, provide for the payment of workers compensation, including occupational
disease Mnefis, m its employees employed an or in connection with the work covered by this purchase order,
and/or to their depedent, in accordance with red laws of this, auto in which the work is to M done. The Seller
shall also any comprehenive Borneml liability including, but rot Record to, roatmctred and mumaxibilo public
hadliry insurance win bodily injury and dean limits of ar least S300,0o0 for any one poser, S500.0W for any
one accident and company damage limit per accident of S400,000. no Seller shall likewise require his
cenlmcmrs, if any, to provide for such compensation and imurance. Before any of the Sellers or his commcwrs
employees shall do any work upon the primism of others, the Seller shall famish the Purchaser with a ttnifiate
that such compensation and insurance have been provided. Such verifcat¢ shall specify the date when such
compensation and initiative have been provided. Such certificates shall specify the date when such compensation
and inurence expires. The Seller ogre., 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 assumes the entice rapomibiliy and liability for any and all damage, Into or injury ofany kind
or nmme wharsoa-er to.rho us or property caused by or molting fmm the execmmn of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold baonam,; One Purchaser end any
or all of the Forebode. officers, agents and employees from arri a,inl any and all claims, Imm, damages,
charge or expenses, whetMr direct or ins iml, and whether to person or property to which Ore Earchaan may
M put or subject by reason of any act, action, neglect omission or default on the pan of me Seller, any of his
comtacmrs, or any of the Sellers or contractors officers, agents or employees. In two any suit or other
proceedings skull be brought against the Pmchaaera or its officers, agenda or employees at any time m account or
by reason of any aa, action, neglort, omission or default of the Seller of any of his cono-acm.s or any of its or
their officers, agent or employees us aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay eery and all costs, charges, attorneys fees and other expenses,
any and all judgment, that may 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 outer dim M placed upon or
obtained spinet the pmpmy of the Purchaer, or said parties in or in a mull of such suits or other procedwgs,
the Seller will at once cause the same in M dissolved and disclow d by giving bond or otherwise. no Seller and
Ins commerce; shall take all safey pmantion, famish and install all goads necessary for the retention of
accidents, comply with all laws and regulations with regard to sa@ry including• but wi1Mut liumbroon, the
Occupational Safety and Health Act of 1970 and all roles and regulations issud pursunl memo.
Raised 0712014