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HomeMy WebLinkAbout493755 KDG ENGINEERING LLC - PURCHASE ORDER - 9116411PO PURCHASE ORDER 9116411 Page City of PURCHASE 9116411 t of z ' `t Collins lins This number must appear V ` on all invoices, packing sli s and labels. Date: 04/03/2014 Vendor: 493755 KDG ENGINEERING LLC 3500 S WADSWORTH BLVD, STE 400 LAKEWOOD CO 80235 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 10/27/2011 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered _ Price 3 W.Mulberry/Prospect Bridge Rpr 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 1 LOT EA 18,350.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Few Collins is exempt f state and local taxes. Our Exemption Number u 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Carifican of Registry 84-6000587 is registered with the Collator of Failure of the Purchaser to most upon strict performance of the mina and conditions hereof, failure or delay to ]moral Revenue, Denver, Colorado (Ref. Colorado Revised Sam,. 1973, Chapter 39-26. 114 (a). exemise any rights or remedies provided herein or by law, failure to promptly notify We Sella in the event of a breach, the acceptance ofor pxymenr for good here tan ler at approval ofthe design, shall not release the Sella of Goad Rejected. GOODS REJECTED due to failure to meet sprcifmtime, either when shipped in due ro &fees of any of the xammties a obligations of this purchase order and steal no be darned a waiver of any right of the damage in maasiL may be remmed to you far credit and are on, to be replaced except upon receipt of wrinen purchaser to insist upon strict Perfomaa< hereofor my of its rights or remedies w to any such goods, regardless instructions from the City of Fart Collins. of when shipped, received or accepted, as to my prior or subsequent default Smasher, nor shall any purported oral modification or rescission of this purchase order by the Purchawr operate as a salver of any of the menu Imptaim. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the memhmdiw, unites or equipment in re,mom to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the an of the City of ran Collins Hexcveo it is to be understood that FINAL. Seller and the Purchaser reognlm that in mtcal cadmium practice, overcharges resulting form antitrust n ACCEPTANCE is dependemupocompletlonofall applicable required inspection procedures, violations are in fact by the Purchaser. Theremforefogood arum and as consideration for executing this borne purchase order, the Seller hereby assigns to the Porchasa any and all claims it may now have or hereafter Freight Ienns. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Too Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating in the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepnmnly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accomanv invoice. Additional chances for oackine will not be acentd. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deductnl from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, cenificares and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, mrnury Or political subdivision where the work is performed, or natural by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fan Collins harmless form and against all limit iry and lass incurred by them by town of m asserted or established violation of any such lows. regulations, ordinances, poles elequiremenn. Authorization. All panic to this courract agree that the repreuntatism are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Pemhau Other expressly limits acapmnee 10 the corms and conditions sated herein set form and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refinance. Any additional or different terms and conditions proposed by calla art Objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery dale us noted. Time is of the essence. Delivery and performance must be effeet<d within dre time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the even of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acls of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, hood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchases 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 Acrid equal to the time actually last by maven of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. rumples no r other descriptions given, will be fit for the purynsa intended, and perfumed with the highest degree of cart and competence in acwrdance with accepted 5lmdar s for work of a similar must. The Seller agrees to hold the punemer hamdess from any loss, damage or expense which the Purchaser ray who or incur on account of the Sellers breach ofwamanty. The Sella shall rrylace, repair or make good, without cost o the purchaser, any defects or Lots arising within one (1) year or within such longer 'wind of time as maybe prescribed by law or by the it. army apphable waaanly provided by she Seller after the dam of acceptance of the goad bronchial hereunder (acceptance not to be udueasocably delayed), resulting from imperil. or defective wad: done or mats ds (lowland by the Seller. Acceptance or use of goad by the Purcbssa shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties a guarantees. but such liability shall in no or include loss or prefix or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehatt may make changes m legal arms by wnnm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaxrmay make any changes 1. the terms, other than legal terms, including addinians to or deletions from the quantities originally ordered in the specifications or drawings, by verbal a wriaen clemge order. If any such change affects the amount due or the time of paformmce hereunder, an equitable.1,ustmenr shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change Order, terminate this agreemen as to any or oil portions of the goods then not shipped, subject to my equitable adjmtment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted poniun tribe good mNor work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any good which are the Sellers smudard stock. No such nomination shall relieve the Purchaser or the Seller of., of their obligations as 1. any gaud delivered hereunder. Y. CLAIMS FOR ADJUSTMENT. Any claim for edjuwant mast be assents within thirty (30) days firma the date the change or termiation is matured. 8. COMPLIANCE WITH LAW. The Sella warrants thin all good sold hereunder shall have been practical, sold, delivered and famished in strict compliance with all applicable laws am regulations In which flee good art sobjal. The Sedan shall execute and deliver such documents as maybe required in elTect or evidence compliance. All laws and regulations required m be ncoryomred in agreements of this charaae are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages withered by the Purchssa as a result of the Sellers failme to comply with such law. 9. ASSIGNMENT. Neilhtt party shall azsigo, tmasfeq or convey this order, or any monies due or to become due hereunder without the prior w ouen consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the purchaser for al I tyuipmrnr, materials, and items fumishM in performance of this agreement, free and clear of my and all lims, restrictions, reservations, security interest encumbrances and cloims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller,, roneet nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser nay cause me work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its coutracmrs of any her from all liability and claims of any natu , resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees orauch M. The Sellers contractual obligations, including warranty, shall mat be decimal to be reduced, in any way, because such work is performed 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 r copyright. me Sella shall indemnify and save harmless the Pumhava from any and all claims for infringement by reason of the use of such patented design, device, 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 pay by crown of such inringement at any time during the prosecution or oiler the completion of the weak. In eau said equipment, or any pan thereof or the intended use of the goads, is in such suit held to constitute infringement add the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchase the right to continue using said equipment or pans, replace the woe with substantially equal but noninfir wing equipment, or modify it so it becomes noninfringim. 15. INSOLVENCY. If the Seller shall become irealead or bankrupt, make an assignment far the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftema used or the interpretation ofthe agreement and the rights of all panic he cnrda shall be coo atonal under and governed by the Iaxs afrhe Stale of Cobrado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scivicm mf Sellers Repreunmtivi D), on the premises ofmmers. LI. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk until the same is fully completed and accepted, and abar in rue of any ttddenk destruction or injury m the weak author materials before Sellers ficat completion end acccpmna, complete the weak at Sellers own expense and as the wrisfactim of the Plmrehasn. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, sound, store and boodle sere al the site and become responsible therefor as though such materials ani equipment were being densities] by the Seller udtda the other. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compmwtim, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, am or to their dependents in accordance with the laws of the were in which the work is to be done. The Seller shall also carry comprehensive gmeml liability including, but not limited to, ornamental and automobile public liability insurance with bodily injury and death limits of in Ieao S300,000 for any one person, $500,000 for any one aeridem and property damage limit per accident of $400,000. The Seller shall likewise requite his contractors, irony, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall des any work upon the premises of others, the Seller shall famish the Purchuma wins a cadifimm mat such compensation and incomes, have been provided. Such certificates shall specify the time when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrea, that such compensation and insurance shall be maintained until after the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby mandrres We entire responsibility and liability for any and all damage, loss or injury army kind Nnature w WwwWca to persons im property caused by or resulting form the execution ofthe work Provided for in is purchase order or in connection berewith. The Sena wilt indemnify and bold hamdess me Purchaser and any or all of the Purchasers officers, agents and employees firm and against my and all claims, losses, damages, charges Or expenses. whether direct or indirel, and whether In pawns or property to which the Purthastt may be in or wbjal by nuns. of any act, action, neglect, omission or default on the pan of the Sella, any of his contracma, or any of roe Sellers or conractom officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, aglttL omission or &fault of the Seller of my of his contractors or any of its o1 their olBcas, agents or employes as aforesaid, the Seller hereby agrees TO assume the defense thereof and to defend the same at the Sellers own expense, to pay any add all costs, charges, avomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser many of its err their oReers, agrnm or employees in such sails or other proceedings, and in case judgment or other lien be placed upon or obmind against he property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cave the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall rake all safety precautions, famish and insrall all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and I lealth Act of 1970 and all rules and regulations issued pursumuherefe. Revised WnOlo