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HomeMy WebLinkAbout493755 KDG ENGINEERING LLC - PURCHASE ORDER - 9116411 (2)Fort Collins PURCHASE ORDER Date: 07/10/2014 Vendor: 493755 KDG ENGINEERING LLC 3500 S WADSWORTH BLVD, STE 400 LAKEWOOD CO 80235 PO Number Page 9116411 1o12 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: 10/27/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price c W.Mulberry/Prospect Bridge Rpr 1 LOT EA 41,644.00 Change order 3 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 Total Invoice Address: 1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt farm sera and local taxes. Our Exemption Number ts 11. NONWAIVER. 98-Of502. Federal Excise Tax Exemption Certificate of Registry 14-6000587 is registered with the Collector of Failure of the Purchaur to insist upon strict performance of the terms and conditions hereoE failure or delay to Internal Revenue, Denver, Colombo (Rd. Colorado Revised Sautes 1973, Chapter 39-26, Ili (a). exeeire any rights or remedies provided herein or by law, failure to parmpity nodfy rise Seller in the event of a btwch, the acceptance of., paymml for goods hereunder or appmsal of dw design, shall not of. the Sella of Goods Rejected. GOODS REJECTED due to far lure in men 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 rearmedtoyou fur credit and are not,, be replaced except upon receipt at warren purchaser an insist upon strict performance hereof., any of its rights or remedies as to any such goods,.....bless instructions farm the City of Fan Collins. of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any pury.rted am) modification or scission of this purchase order by the Purchaser operate or a waiver of my of the bums Inspation. GOODS are subject m the City of Fon Collins inspection oa arie 1. haeaf. Final Acceptance. Receipt of the merchmdise, services or equipment in response in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthori.d payment oa the pan of the City of pan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from contrast ACCEPTANCE is dependent upon completion ofall applicable rgniral inspection procedures. violations are in fail home by the Purchaser. Theretofore, logood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tears. Shipments must be F.O.B., City of Fort Cold.. 900 Wood SL, Fort Collins, CO 80522. unless acquired under federal or sate antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay f.igln and charge separately, the original freight purchnsed or acquired by me Purchaser pursuant to this purche. order. bill most .... invoice. Additional dram. for arcking will not he accemM. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribtnion paint to destinmdon, and excess freighr will be deducted from Invoice when shipments are made from greater distance. Pemtits. Seller shall pmcore at sellers sole cosI all nacssury Part berfficztes and Becomes required by all applicable laws,.gulatiom, ordinances and roles of the sate, municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hatless from end against all liability and lass incurred by them by reason of an asserted or esablisbed violation of any such laws, mgulutions ordin:umes, rules and capaimments. Aumomration. All Itanies to this contact agree that the representatives are, in fact, bona fide and possess full and complete authority In nod said proles LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions sated herein set mrth and any supplementary or additional leas and conditions annexed hereto or dncmpomted herein by reference. Any additional or diffomm arcs and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on year pmmdud delivery date as noted. Time is of the exact.. Delivery and pammurn e, most be effected within the time soared on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpaoial late delivedes, shall operate as a waiver of this prnvision. In the event of any delay, the Purchaser shall have, in addition to other Icgal and equitable marbles, the option at placing this order elsewhere and holding the Seller liable far damages. However, me Seller shall not be liable for damages as a asult of delays due to causes not reasonably foresmable which amr, beyond its.amnable condrol and without its fault of negligence, soch sets of God, acts ofeisil or military, amhorilii, govemmenml promises, does. strikes, flood, epidemics, wars or unit, provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of me time when the Seller first received knowledge theruf. In thre e event of such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wacmts that all goods, articles, materials and work covered by this order will conform with applicable drawings, speediest., sample sad'., omen desmparms, given, will be fit for me puryos. intended, and perforated with the highest degree of rare and competence in accordance with accepted standards for work of a mils, mime. The Seller agates 1. hold the purchaser harmless from any loss, damage or expense which me Purchaser may suffer or hear on account of the Sellers breach of warranty. The Soler shall replace, repair or make good, without cost m the parchaseq any defects or faults arising within one (1) year or within such longer period of time. may h prescribed by law or by the lama of any applicable w..y provided by the Seller after me elm of acceptance of me good famished hi mmdet bourri trace not to h unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by rise Parches shall art constitute a waiver of any claim under this warranty. Except ar otherwise provided in this purchase order, the Sellers liabil try hereunder shall extend or al I damages pr.ximacly caused by the breach of any of the foregoing warranties or gnaamees, but such liability shall in no even include loss of pratim 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 terms by research change order. 5. CHANGES IN COMMERCIAL. TERMS. The Promosran may make y changes a , the mots, other man legal tern including additions a or deletions from i me features originally carried in me spmcificmims, or drawings, by verbal or written change order. If any such image .1fim s me amoum due or The time of perfomamm forecaster, an equitable adjustment, shall h made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this operator as to any or all potions of the goods then not shipped, subject to any equitable adjustment between the parties 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 fire goad ardor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with sped many goods which a me Sellers standard stack. No such termination shall reline the Purchaser or the Seller of my of their obligations as m any grad delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days from the dam the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller wemdnts mat all goods sold hereunder shall have been produced, sold, delivered and f rmislomd in strict compliance with all applicable hw: and regularions so which the gush are subjecl. The Seller shall execute and deliver such documents as may be acquired to effect or reidence compliance. All laws and regulations acquired to be incorporated in agreements of this character are hereby incoTorated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchases ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, uansfm or convey this order, or any monies due or to became due hereunder without me Prior anted consent ofthe the, party. 10. TITLE. The Sella waments full, clear and unrestricted tide to the Purchaser for all quipmmb, materials, and it. fumished in performance of this agreement fee and clew of any and ell litre, restimions, resmano., security imeread mcttmbmnci and trims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, send the Seller Iherenfte, indicates its inability or anwdlingness a comply, flue Purchaser may cause the ..,it to be performed by the most expeditious means asailxble to is, and the Seller shall pay all casts wesociatM with such work. The Seller shall .lease the Purchaser and its coatractors of any tier from all liability and claims ofany maurt resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, micers and employees ofsuch party. The Sellers conuachol obligations, including waranr, shall not he deemed to Is, reducedk in any way, because such work is performed or caused to be performed by the Purchnser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, patent, trademark copyright the Seller shall indemnify and sine harmless the Purchaser farm any and all claims for infringement by mason of me are of such pabemed design, device, malarial or process in connection with the contract, and shall irderrmify the Purchaser far any cost expense or damage which it may be obliged 1. pay by mason ofsuch inMngcmenl at any time during the Incrustation or after the completion of fire work. In mesa said equipment or any pan thereof or the Intended use of the goods, Is In such suit held to consllma Infrmiu m[nl and the use of said equipment or pan is enjoined, the Seller shall, at its own expetLu and at its option, either procure for the Purchaser the right to cominoe using said equipment or pans, replace the same with substantially equal but comminuting equipment, or modify it so it becomes aminfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baN:rupt make an assigmnem for the benefit of creditors, appoint a or trustee for any of the Sellers properbusiness, this order ay forthwith be canceled by me Purchaser ty, or m haser without liability. 16. GOVERNING LAW. The deftniticas of actin used or me ina rpriadun ofine agreement and the rights of all parties hereunder shall the command under and governed by rise laws ofine Sure of Col.mdo, USA. The fallowing Additional Conditions apply only in cases where me Seller is to Perform work herewder. including the services of Seller Representmme(s), on the precomis ofmhers. 17. SELLERS RESPONSIBILITY. lbe Soler shall carry as said work at Stakes own risk until the same is fully complied and accepted, and sleill, in case of any accident, destruction or injury in me work mayor materials before Seller's final completion and accepance, complete the work so Sellers nun expense and to the satisfaction of the Facedown. When materials and equipment are fumishN by others for installation or erection by the Seller, the Seller shall receive, unload, score and handle same at the site and become msponsiblc therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide for the hymen of workers cooperation., including occupational disease ltenefirs, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive, get r:d liability including, but not limited to, comractml and automobile public liability insurance with bomlly injury and death limits at at least 5300,000 for any one permit, $500,000 far any one accident and properly dange limit per accident of 5400,000. The Seller shall likewise require his cmpracing if any. to provide for such m copensation mrd imureare Before any of the Sellers or has contractors l.yecs shall do any work upon the p.misi of orbers, the Seller shalt fumhh the Purmbaser with a common, that such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance have been provided. Such car if cores shall specify the date when such compensation and insurance expires.'I lot Seller somor that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far any and all damage, loss or injury ofany kind or nature whatsoever to persons or properly caused by or resulting from the execution ofine work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any r all ofine Purchasers ulBcus, agent send employees drum and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or subject by rcawn of any art, action, neglect. omission or default on the pan of the Seller, any of his comracmrs, or my of the Sellers or commission Officers, agents or employees. In case any suit or other proceedings shall be brought against the functionaries, or its .Beers, agents err employees to my time on era. or by mason of any act mason, neglecl, omission or default of the Seller of any of his contractors or any of its or their offcas, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and al I casts, charges, square, fees and other expenses, any and all judgments firm may he incurred by or obtained against me Purchaser or any of its or their officers, agents or employees is such suits or other praeedings, and in case judgment or other lien the placed upon or obtained agaiml the property of der Purchaser, or said ponies in or as a result attach suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety priautloo, f ish and insall all gaud necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all males and regulations issued pmsumt thereto. Revised 032010