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HomeMy WebLinkAbout493755 KDG ENGINEERING LLC - PURCHASE ORDER - 9116411 (3)Fort Collins Date: 12/16/2014 Vendor: 493755 PURCHASE ORDER KDG ENGINEERING LLC 3500 S WADSWORTH BLVD, STE 400 LAKEWOOD CO 80235 PO Number Page 9116411 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: 10/27/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 W.Mulberry/Prospect Bridge Rpr Change order 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 39,494.50 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 sledge the City of Too Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is egimered with the Called., of Failure of the Purchmer to insist upon strict Performance of the teats and conditions hereof, fnilme or delay to Imemal Revenue, Drover, Colorado (Ref. Colorado Revised SmTuta 1973, Chapter 39.26, 114 (a). exercise any rights or smashes provided herein or by law, failure m promptly nodfy the Sella in The event of a breach, the acceptance ofor paymeaT fro goods hereunder Or approval afthe dough, shall rim release the Seller of Goods Rejects. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warmnlies Or obligations of this ptuc ordtt and shall not be domed a waiver of any right of the damage in uensiL may be reruns to you for credit and are not To he replaced except upon receipt of wrinen purchase( to insist upon stria performance hereof or any of its rights or remedies m be any snub goods, regardless instructions from the City of Fort Collim. ofwhm shipped, received or accepted, as an my prior or subsequent default hereunder, nor shall any pnryored oral modification Or rescission of this purchase am. by the Purchase, operate as a waiver of any of the rem¢ Inspection. GOODS are subject to the City of Fall Collins inspection on arrival. hereof. Final Acceptance. Receipt of The merchandise, advas, or muipmmt in rtspome to this order cancult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authariud payment on the pan of the City Of Fiat Calling. Howard, it is to be understood that FINAL Seller and the Purchaser recognise that or actual a is practice, overcharges resulting room an0 ritm ACCEPTANCE is dependent upon wmpletion of all applimble acquired inspection proce aimed, violations art in But home by the Purchaser. Thermomm nfm good cause and as consideration for executing this purchase order, The Sella hereby acsigm to the Purchases any and all claims it may now have or hereafter Freight Terms. Shipments must be P ON , City of For Collins, 900 Wood ST, Fon Collins, CO 80522, unless acquired under federal in state antitrust laws for such overcharges relating To the particular good or services otherwise specified oa this order. If permission is given to prepay freight and charge seWraTely. the original freight Purchased or acquired by the Purchmer pursuant to This purchase order. bill must accompany invoice. Additional charges for packing will not be accepts 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dist thee.Whetemanufadurtrs have disarming pints inreight pans of the country, shipment min rJire<leThe Seiler a damuine. To be on IfthePurchased dabiliiy and ductal expected from the .down distribution point to destination, and excess freight will be dduned f Invoice what for mrsbyPbythe eilerednovwnformingor comply. ft Purchases mJ Ire Sella, and Ne Sellery Indicator its inability err unwillingness m comply, The Purchaser sedand shipments we made Tam greater distance. tre most may cause the work to ch ed by the nwst expeditious means available [o it, and the Seller shall gay all vests uwciated with such work. ark Seller dull procure err sellers sole cast all necasvry permits, certifiary and licenses required by all applicable i oNlnences end ales state, municipality, territory Political where applicable laws, r The Seller shall the Pe and its wnmcmrs Of any her Iran all liability and claims of any nawre rns, duly public authority jurisdiction The work is performed, or require by any other duly mad, ainsdi lies over Inc work a pence orsuc resulting from the performance ofsuch walk. andhaving Fort Collinse) mJ against all liability loss vendor. Seller further agrees ro the City Fort Coharmless ll aggl es, tined by them by reason of an azsened or established violation of any such laws, regulaiom, oNimnem, ales in li such even eThe evens of fault Of negligence of the parry rtlems and shall extend To the This release shell old and retryirtments. employees direnorsDiceand , ars ployms ofsuch party. Authofiration. All panic ro This contract agree that the representatives are, in fl bona fide and possess full as complete authanry to bind said panics. LIMITATION Op TERMS. This Purchase Order expready limits acceptance to the terra and conditions stated herein set forth and any supplemmlary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms unit conditions proposed by seller are objected On and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmised delivery date as word, lime is of the essence. Delivery and perfomlma most be effedM within the time surd m the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late delland, shall operate m. waiver of this prevision. In The event of any delay, the Forma cr shall have, in addition to other legal and equitable reaches, the option of placing this order elsewhere and holding the Seller liable for damages. Howard, the Seller shall nor be liable for damages as a resell of delays due to causes not reasonably Exactable which are beyond its rcmnable control and without its fault Of negligence, such is of God, acts of civil ar military authorities, gavemmattal primilies, fires, strikes, Bond, epidemics, wars or hots provided that notice of the conditions evening such delay, is given to the Purchaser widgin five (5) days of the time what the Sella first radved knowledge thereof In the event of any such delay, The date of delivery shall be extended for the pens am[ to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants char all goods, unicla. materials mid work covers by This order will conform with applicable drawings, specifications, samples major other dacopliom given, will be fit for the purposes intended, and Perfumed with the highest degree of care and competence in accordance with accepted stadards for work of a similar mime. The Seller agree 1. hold The Forchaur harmless from any loss, damage or expense which the Purchases may suf i or incur on uccouat of Ne Sellers breach of warranty. The Sella shall replace, repair or make good, witlwm cast to the purchaser, any defects or faults arising wlNin one (1) your or wadmi such longer pad of time as maybe Presents by law or by The toms of my applicable warranty provided by the Sella after thc date of acceptance of the grads finished hereunder (aceptamce rim to be unseasonably delayed), resulting from imperfect or defective work done or matemals famished by The Seller. Acceptance or use of goad by the Purchaser shall not omtlmte a waiver of any claim under this wadvaly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by Ne breach of any of The foregoing w.randd, or guarantees, but such liability shall in no event include loss off refits or lass of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal mom by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal lerma, including additions To or deldions from the quantities 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 hereunder, an equnabie adj [event shall be made. 6. TERMENATIONS. The Pumhmtt may many time by women change oNeq terminate this agreement as to any or ail pariom of the goods then not shipped, subject to any equitable adjustment between the parties as 10 tiny work or materials then in progress provided that the Purchaser vital not be liable for any claims for anticipated profits on the uncompleted portion of the goods tumor work, for incidental or cnnsaluential damages, and that no such sjuatment be elude in favor of the Sella with ... par to any goods which are the Sellers standard mwk. No such termination shall relieve The Pardoner or The Seller of my of Nair obligations as to ugly gads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted witltin thirty, (30) days (rang the Two the change or h nninaic n is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants That all goads sold hereunder shall have been produced, sold, delivered and Pomuhed in stria compliance with all applicable laws and regulations m which the goods are subject. The Sella shall escape and deliver such documents m may be required m effect or evidence compliance. All laws and regulations required to be incoporated in agreements of This character are hereby incaryorated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all vests and damages suffered by the Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall msiga, transfer, or convey this order, or any monies due or to become due hereunder without the poor women among ofthe order party. 10. TITLE. The Sella warrants full, slow rand appareled tide m Ne Purchaser for all equipment, materials, and items fumuhed in parrhowarre of this agecment, free end clear of any and all liens, nstricham, reservations, security interest marginal and claims of others. The Sellers mnTraclual Obligations, including uaranty. shall not be deemed Ta be deduced, Th any way, because such work is performed Or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to Tommy design, device, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of the use of such patenmd deign, device, material or process in connection with the coat.,, mid shall indemnify The Purchases for any cost experts, or damage which it may be obliged to Pay by reason ofsuch infringement at any time during the promcution or after the completion of Nc work. In ww said equipment, or any pm therm( or the intended use of Use goods, is in such suit held to madam infringement us she use of said equipment or pun is joined, Nc 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 same with substantially equal but naninGinging equipment, 0,."airy it so it becomes noninfringiog. 15. INSOLVENCY. If The Sella shall become insolvent Or I mwpt, make an assigmnevt for the benefit of creditors, appoint a Or tmsree for nny of the Sellers Property, m business, this order may foMwith be canceled by The Purchases withom liability. 16. GOVERNING LAW. The definitions oftemts used or the inu rpreetion ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Stara of Colorado, USA. The following Additional Canditiom apply only in cases where the Seller is To perform work hadeada, including the services of Sella Representative(s), on the premises ofoOTers. ❑. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers awn risk until the gams is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work wall materials before Sellers Baal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the purchmes. When materials and equipment arc furnished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the sate and become responsible therefor as though such motsals arWor equipment were bang famished by The Sella under The order. 19. INSURANCE. The Sella shall, at his our expense, provide for the payment of workers compensation, including occupational disase benefits, to its employees employed on or in connection with the work covered by this purchase order, and/m to their dependents in accordance with the laws of the sum in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limns of at leas[ S300,000 for any one person, $500,000 for my one accident and property, damage limit per accident of S400,000. The Seller shall likewise tram¢ his conTracmrs, if Ong 10 provide for such cupperawaftion and imurence. Before my of Ne Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchases wiN. cenifrme That such compensation and insurance lave bon provided. Such cea fiares shall specify the date when such mmpmsation and insurance have been provided. Such cenifcaro shall specify the date when such wmpareation and insurance expires. The Seller agrees that such compensation and insuance shall be maintained until and the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attim mponsibiliry arm liability for my and all damage, loss or injury ofany kind or aarure whatsoever to pawns or property arced by at resulting fro the execution ofthe walk provided for in this purchase order or in wmecliwn herewith. The Seller will Trdemvify mN hold b.rtnldx me purchawr and any or till of the Purchasers officers, ,am and employees from and against any ..it all claims, lasso, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the par of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ace any suit or other proceedings shall be brought against the Puddead. or its officers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their alficers, agars or employees m aforesaid, But Selltt hereby agrees m assume the der thereof and as defend the acme aT The Sellers own expense, to pay any and all costs, charges, e.omeys fees and other <x,.. my and all judgments that may be incurred by or obuind .gaunt the Purchaser or my of its or Their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property, ofthe Purchaser, or said parties in or to a result of such suits or other proceedings, the Seller will in once cause The same to be dissolved and doorarged by giving bond or otherwise. The Seller and his contractors shall Take all today precantiom, famish and imull all guards necessary for the prevention of accidents. comply with all laws and begularions with regard Is safety including, but without limltariav, the Campan fowl Safety and Health Ad of 1970 and ell rules and regulations issued pursumt Nerd. Revised 09Q014