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HomeMy WebLinkAbout493755 KDG ENGINEERING LLC - PURCHASE ORDER - 9126577PO PURCHASE ORDER 912657er Page City of PURCHASE 26577 ' °' 2 ' `t Collinsr his number must appear v ' 1�7 on all invoices, packing sli s and labels. Date: 04/03/2014 Vendor: 493755 Ship To: ENGINEERING DIVISION KDG ENGINEERING LLC CITY OF FORT COLLINS 3500 S WADSWORTH BLVD, STE 400 281 N COLLEGE AVE LAKEWOOD CO 80235 FORT COLLINS CO 80521 Delivery Date: 12/26/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 Bryan Bridge Repairs 1 LOT EA 13,840.00 CHANGE ORDER 2 6 Bryan Bridge Repairs 1 LOT EA 3,460.00 CHANGE ORDER 2 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 Total 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONWAIVER. 9"502, Federal Excise Tax Exemption Cenificme of Registry 84-6000587 is registered with the Collector Of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failme or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for gouB hereunder m approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure do 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 resumed to you for credit and art not to he replaced except upon receipt of written purchaser to insist upon strim pe,fo,mtnre hereof., any of its rights or remedies as to any such goods, regardless instructions from the City Of Fiat Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fan Callim impaction on arrival. hereof. Final Acceptance. Receipt of the puma n ass, foreirce or equipment in response to 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 understand thatFINAL Seller and the Purchaser recognize that in annul economic practice, o emharms resulting from antitrust ACCEPTANCE ls dependent upon completion of all applicable requireroo d impaction pedure, violations art in fact Some by the Purchaser. Theretoforefogood cause and as conlde=tion for executing this purchase order, $he Seller hereby assigns he the Purchaser any and dl claims it may now have or herealler Freight Terms. Shipments most be F.O.B., City of To" Calif., 700 Woad St, Fort Collins, CO 80522. unless acquired under fedenl or such, alitrush taus for such mcrcharges relating to the particular goods or services otherwise specified on this order. If permission is given to grapey freight and charge separately, the original freight purchased or acquired by the Parclu%er Followed to this purchase order. bill most accompany invoice Additional charges for asking will trot he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defensive goods by a& is to be agreed upon by the expected from rise contrast distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingnem 10 romply, the Purchaser shipments art made from greater distance. may came Na work as be performed by the most expeditious mean available w it and the Seller shall pay all cos%asaocimed with such work. Pemti%. Seller shall procure at sellers sole can all necessary permits, Certificates and Iiomss required by all applicable laws, regulation, oNirunen and rules of the state, municipality, territory or Political subdivision where the work is perfotared, or required by • y other duly constituted public maturity, having jurisdiction over the work of vendor. Seller further ogees In hold the City of Fan Collin harmless from and against all liability and loss incurred by them by reason of an ussened or mtablished violation of any such laws, regulations. ordinances, pales and requirements. fiuNoriration. All parties to this contract agree chat the representativas aft, in fact. bow fide am possess full and complete authanry, to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits accepume m the noon and conditions star herein in Ron "any supplementary or additional re. and condition annexed herein or incorporated herein by reference. Any additional or different mum and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot rake camplcha shipment to arrive on your promised delivery date res noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents mashed hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall upstate as a waiver of this prevision. In the event of any delay, the Pumhaseo shall have, in addition in other legal and equitable remedies, the option ofplacing Nis.ndcr elsewhere and bolding the Seller liable for damages. Floweret. the Seller shall ram be liable fur damages m a oesul, of delays due to causes not reasonably foreseeable which art beyond its numerable central and without its fault of negligence, such sets of OM, acts of civil or military minorities, monumental Priontias fires. strikes. nand, epidemic, wars or rims provided that notice of the condition wining such delay is given to the Punches', within five (5) days of the time when the Seller first received knowledge therm[ In the event of any such delay, the date of delivery shall be extended for fie penad equal to due time romaH, Im, by ..a of the delay. 3. WARRANTY. The Seller wuttm¢ that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples author other deseription given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'milar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which thc Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, leper it or make good, without cost to the purchase, any defects in faults arising within one (p year or within such longer period of time as may be prescribed by law or by the tents of any applicable warranty provided by the Seller after the dine of acceptance of the goods famished hereunder (ereeptans, not to be serve sup ably delayed), mulling from imperfect Or defective walk done an mmerials furnished by the Seiler. Acceptance or use of goofs by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this Furchax order. the Sellers liability hereunder shall extend to all damages proximarely caused by the breach of any of the foregoing warromiss or guarantees, but such liability shall in no event include loss of profits re 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 under 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ¢eras, other than legal terms, including rulditious in Or deletion from the gantitax originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hermmder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, senninate Nis agreement as to cony or all punions of 'he goods then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided that the Purchaser shall not be liable For any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect o any goods which arc the Sellers standard stock. No such mammalian shall relieve the Purchnser or the Seller of any of their obligations ex to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted wilin thirty (30) days from the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, Ach,cred and famished in smO ormtFur ce with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be outlined to effect or evidence compliance. All laws and mgulatiom required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suficnd by the PurcM1mer as a result of the Sellers failure to romply with such law. 9. ASSIGNMENT. Neither parry shall assign hamfe, or convey this order, or any mortis due or to become due Remainder without the ,no, worn cement of the order parry. 10. TITLE. The Seller warrants full, clear and umstrieted title to the Purchaser for all equipment, materiels, and itema famished in performance of this agreement free and clear of any and all Farm, rshrim ai., reservations. security interest m encabrencesand claims of orders. The Seller shall release the Purchaser and its conmcmrs of any If,, from all liability and claims of any name resulting from the perfomance ofsuch work. This eleae hall apply even is the even. of fault of negligence of the parry released and shall extend to the directors, oflicerx and employees ofsuch party. The Settees continental obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or rained to M performed by the Purchaser 14. PATENTS. Whenever the Seller is requital to me any design, device, material or process covered by lever, patent. teademark so copyright, the Seller shall indemnify and save harmless the Purchaser Comm any and all claims fro infringement by reason of the we of such psented design, device, mmmal or process in coma ion with the contract, and shall indemnify doe Purchaser for any cost, expcase or damage which it may be obliged m pay by reason ofsuch infHngeracm many time during the prosecution or after the completion of the work. In cause, said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and Ne use of said aluipmrn, or pan is joined, the Seller shall, car its own expense and at its .,fin , either pmave far the Purchaser $e right to continue using said equipment or pans, replace the same with substantially equal but noainGnging equipment, or modify it so it becomes mdvfogivg. 15. INSOLVENCY. If the Seller shall become insolvent or Interrupt make an assignment for the benefit of an dlmrs, appoint a receiver or Oman for any of the Sellers property or business, Nis order may foMwith be canceled by the Purcbear without liability. 16. GOVERNING LAW. The definition ofor— maxi or the interyrecotion of ode agreement and the rights of all ponies Formulator shall be ammornd under and g ivemed by the laws ofthe State afC.Imad., USA. The following Additional Condition apply only in nows where the Seller is to Perform work hereunder, including the services of Sellers Represearawt D), on the premiss af.thers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work w Seller's own risk antil the same is fully completed and scripted and shall, cars,in of any accident, destruction or injury m the work and/or materials before Seller's final compleion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or election by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such =serials endor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers rompenation, including occupational disease benefits, to its employees employed on or in connection with the wad covered by this purchase code, and/or to their dependence in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractad and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any accident and property damage limit per accident of SJ00,000_ The Seller shall likewise require his contracmrs, if any, to provide far such einmentation and Insurance. Before any of the Sellers or his contractors employees shall do any wink upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificar s shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and consider. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Salle, hereby assumes the entire rtspomaladity and liability for any and all damage, loss or injury ofany kind or nature whatsoever to person or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the purchaser may be put or subject by reason of any act, action, neglem, omission or default on the part of Ne Seller, Only of his contmetors, or any of the Sellers or conlncom officers, agents or employees. In am, any suit or other proceedings shall be brought again[ the Purchaser, or its officers, agents or employees al any time on account or by reason of any act, anion, raglan, omission or default of the Seller of any of his contractors or any of ins or their eHicm, agents or employees m aforesaid, the Sella hereby ogres m assume the defense thereof and to defend the coma at the Sellers own expense, ho pay any and all cos s, changes, alto arys fees and other ca,emes, any and all judgments that may he incurred by or obtained agalnl the Pmohasa or any of its or their officers, agents or employees in such suits Or often proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Puchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall coke all safety precaution, Bumish and install all guards necessary for the prevention, of accidents, comply with all laws and regulations with regand to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised OL2010