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HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9140355 (3)Fort Collins Date: 12/18/2014 Vendor: 465997 MICHAEL BAKER JR INC 165 S UNION BLVD SUITE 200 LAKEWOOD CO 80228 PURCHASE ORDER PO Number Page 9140355 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: 01/14/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 City Bridge Program-KFCG CHANGE ORDER 1 ,-"'YP,4 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 EA 59,910.00 M 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 smite the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 11. NONWAIVER. 98A4502. Federal Excise Tax Exemption Cenifimte of Registry 84-600058t is registered with the Collector of Failure of fee Purchaser to insist upon shier pert of the terms and Conditions hereof, failure or delay to Internal Revenue, Drover, Colorado (Ref. Colorado Revised Smmres 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sell- in the went of a breach, the accept ance.for payment for goods hereunder or approval of me design, shall not release the Seller of Goats Rejected. GOODS REJECTED due to failure w meet speciftmtions, either whm shipped or due to &fee. of any of the warrmties or obligations of this purchase ceder and shall not h deemed a waiver of any eight of the damage in tmlrsit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hcomfor any of its rights or remedies as to any such goods, regardless instructions from the City ofFort Collins. of when shipped, received or accepted m to any prior or subsequent default hereunder, nor shall any purposed oral mod. fimtion or rescission of this purchase Coder by the Purchmer opemre as a waiver of any of the terms Inspection. GOODS are subject to the City of Too Coll am inspection on arrival. herecf. Final Acceptance. Receipt of the merchandise, services or aquipmeut in response or this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser woupp¢e that in actual Commands, practice, overcharges resulting from antitrust ACCEPTANCE is dem de d upon completion of all applicable required inspection pfadures. violations are in fan home by the Purchoser. Theretoferenforr good cause and as consideration for executing this purchase order, the Seller hereby assigw w the Purohnser any and all claims it may now have or hereafter Freight Te ow. Shipments most No F.O.B., City of ran Collins, 7W Wood St., Fort Collins, CO 80522. wleer acquired under federal or stain antarun laws far such ovemhmges relaing 1. the particular goods or services otheret specified on this order. If pemtission is given to prepay freight and charge separately, the original freight purchased or acquired by fie Pamhmer pursuant to this pumhau order. bill most accompany invoice. Additional charges for packing will cart be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacwms have distributing pointy in various pasts of the country, shipment is Ifthe Purchaser dimcts the Seller w cones nonconforming or defective goods by a&to to be agreed upon byf expected from the semen distribution point 10 destitution, and excess freight will h deducted from Invoice when purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhasef shipments arc made from .,a instance. may muse the work 10 be performed by the most expeditious meets available to it, and the Sella am][ pay all costs associated with such work. Permits. Seller shall pleoure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regnlaions, ordinances and sales Cf the state, municipality, territory or political subdivision where the work is performed, or required by any other duly commuted public authority having Nrissiction met the work of vendor. Seller further agrees to hold the City of Fun Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. The Seller shall relent, the Punctuator and its anar.aurs of any tier from all liability and claims of any nature resulting from the performance Crouch work This releae shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, officers and employees of such party. Authorization. All parties to this contact agree that the representatires are, in Net, bow fide and Foreseer full and The Sellers anarOoml obligations, including warranty, shall trot b r dared m be induced in any wag because Complete authority to bind said panics, such work is performed m caused 10 be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits mcepmnce to the barns and Conditions stated - herrin set forty and any supplementary, or additional It— and Conditions awexd hereto or incorporated herein by IL PATENTS. reference. Any additional or different terms and conditions proposed by seller art objected to and hereby injected. Whmwm the Seller is secured to toe any design, device, marginal or process coveted by tenet, patent, trademark or Copyright, the Seller shall indemnify and save harmless the Permission from Coy and all claims for infringement 2. DELIVERY. by reason of the use of such patented design, device, maenad or process in connection with the contract and PLEASE ADVISE PURCHASING AGENT immediately if you cannot make Complca shipment 1. arrive on your shall indemnify the Purchaser for any and, expense or damage which it tray b, obliged to pay by reason ofsuch promised delivery date as noted. Time is of the essence. Delivery and performance most be ofRacd within the time infringement at any time during the pros -colon or after the Completion of the work. In case said equipment, or stated no the p.ChCX order and the dauments reached hereto. No acts of the Purchasers including, without my pan thereof or the intended use of the goods, is in such suit held to constitute infn'ngement and the use of limitation, acceptance of partial lute deliveries, shall operate as a waiver ofthis provision. In the event of any delay, said equipment or pan is enjoined, the Seller shall, at its even expense and at its option, either procure for the the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere Purchaser doe eight to continue using said equipment or pans, replace the same with subnantiolly equal but and holding the Seller liable for damages. Ilowevcr, the Seller shot[ not he liable for damages as a result of delays mninfnging equipment, or modify it so it becomes noninfringing. due to causes not reasonably foreseeable which are beyond its reasonable contml and without its fault of negligence, such ncs of God aces ofcivd or radius,authorities, governmental priorities,fires, strikes, flood, epidemics, wars or 15. INSOLVENCY. riots provided chat notice of the conditions causing such delay is given to the Purchase, within five (5) days of the If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a time when the Seller find received knowledge thereof. In the event crony such delay, the date of delivery shall be receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the extended for the pod al el.I to the lime acnully ]Anby eeasoa of the &toy. Purchaser without liability. 3. WARRANTY. The Sella wamats that all good, dales, materials ad work Covered by this order will cant with applicable drawings, specifiwriom, samples andsor often descriptions given, will be fit fro the purpnta intended, ad Performed with the highest degree of arm and Competence in accordance with accepted standards for work of a similar Copper. The Seller agrees w bold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of avamevry. The Seller shall replace, repeit or make good, without Cast w the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the Corms of any applicable warrmty provided by the Seller after the date of acceptance of the good fumishd hereunder (acceptance not as be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptunce or use of goods by doe Purchaser shall not onstitute a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers Lability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of points or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may snake changes ro legal terns by wnnm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the termv, dour than legal tetras, maiming additiam to or de ctiom from the quantities origitdlly ordered in the specifimliors or drawings, by verbal or wdnen change order. If my such change affects the amount due or the time of performance hereunder, an attainable adjmpmem shall M made. 6. TERMINATIONS. The Purchaser may at my time by wdlen change order, terminate this agreement an to any or all portions of the goods 16cn rim sh.ppd, subPat to any egaitaMc adjustment between the parties on to any work or inacrials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gulls ampor work, for incidental or cooscip atrial damages, and that no such equstaocm be made in favor of the Seller with respect o any goo& which arc the Sellers sou dad stock. No such nomination shall relive the Purchaser or the Sell- army of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must an asserted within thirty (3o) days from the dam tlhe change art termination is mdcnJ. R. COMPLIANCE WITH LAW. The Sell- warrants thot all goods sold hereunder shall have hen produced, sold, delivered ad famished m stern compliance with all applicable laws and regulations to which fie goods are subject The Seller shall execute and deliver such due.. m may be required to aged or evidence compliance. All laws and regulations required to be incorporated in agreements of fins chamder arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all toss and damages suffered by the Purchaser as a result of no Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mamfev or convey this order, or my monies due or to become due hereunder without the prior written Cement of the other party. 10. TITLE. The Seller wamms full, clear and omrestricted title to the Purchaser far all comp rsom. materials, ad it. funushed in performance of fits agreement free and clear of my and all liers, restrictions reservations, ucunry interest eaumbwmes ad claims of others. 16. GOVERNING LAW. The definitions of tents and at the interpretation of the agreement and the rights of all Fortis heeundear shall her ewstrhred Coder and governed "a laws drum Stare ofColmdbi USA. The following Additional Conditions apply only th noses where the Sell- is to Perform work herewdef. including the services of Sellers Repre urandive(s), m the premises program. 17. SELLERS RESPONSIBILITY. The Seller shall cant' on mid work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work andfr materials before Seller's final completion and acceptance, complete the work at Sellers ovm expense and to the mtisfadion of the Purchaser, When materials and equipment are Parishes] by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become magentible themfor as though such materials and/or equipment were being burnished by the Seller under the order. Is. INSURANCE. The Seller shall, at his own expene, provide for the payment of workers Compensation, including occupational disease benefits, to its employees employed on or Or Connection with the work covered by this pmchue order. md/or to their depedaus in arCoedance with the laws of the state in which the work is 1. be, done. The Seller shall also arty comer dscreive general liability including. but not limited m, contractual and aummabile public liability insurance with bodily injury and deaf limit of at least S300,000 for any one person, 5500,IID0 for any accident w property damage limit per accident of SoMakaff The Sell- shall likewise require his cmrro dors, if any, to provide for such compensation and insurance. Before any of to Sellers or his Contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a Candidate that such compensation and insurance have been provided. Such certificates shall specify the date when such couppen,dwo and in ee insurance have ban provided. Such certificates shall specify the dam when such compensation and insurance expires. Seller agrees that such compensation and insurance shall be maintained until ceder the entim work is completed and amoptd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumw the entire responsibility and liability for any and all damage, loss m i jury of any, kid CC nature he., 1a persons art property camad by we resulting from the execution of the work provided for in this purchase order or in connection herewids. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents And employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or im icect, ad whether to prnors or Inerrancy m which the Purchaser may the put or subject by remora of any act, action, neglect omission at default an the Pan of the Seller, my of his Contractors, or any of the Scllers or contractors officers, again or employers. In case any suit or other proceedings shall he brought agalut the PumM1nt-, or its officers, agents or employees at my time on account or by.. of any act, extra., ro glecl, omission or default of the Seller of my of his Contractors art any of is or their ofcers, agens art employees as aforesaid, the Seller hereby e, as 1. assume the defense f-euf and to defend the same at the Sellers own expend, to pay any and all toss, charges, aoodueys fees and other expenses, any and all judgments 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 con judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as is minor of such suits or other proceedings, the Seller will at once Cause the same 10 be dissolved and discharged by giving bond or otherwise. The Sell- and his contractors shall take all safety prtc natiom, famish and install all gum& necessary, for the poevention of sanders, comply with all laws ad regulations with regal to artery including, bar without limitation, the Occupational Safety and Health Act of 1920 and all roles ad regulations board pursuant therew. Revised 07n014