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HomeMy WebLinkAbout365691 BRYAN CONSTRUCTION INC - PURCHASE ORDER - 9103582 (3)PURCHASE ORDER PO Number Page City Of 9103582 1 of z Fort Collins This number must appear I !-\V`I ` {� on all invoices, packing slips and labels. Date: 03/07/2011 Vendor: 365691 Ship To: OPERATIONS SERVICES BRYAN CONSTRUCTION INC CITY OF FORT COLLINS 161 E SATURN DR UNIT 2 300 Laporte Avenue FORT COLLINS Colorado 80525 Building B FORT COLLINS Colorado 80521 Delivery Date: 07/13/2010 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 change order 1 1 LOT EA 460,000.00 Performance Hall Repair c City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 $460,000.00 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 Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0f502. Federal Excise Tam Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the hems and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 29-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Sellerof Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be darned a waiver of any right of the damage in transit, may be minimal to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcra for any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of what shipped, received or accepted, as to any prim or subsequent default heeunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the it. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise. services 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 understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good 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 haca0cr Freight Tams. Shipments must he F.O.B., City of Fort Collins, 700 Wood St. Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services othemise specified on this order. If pmnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. I3. 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 nnnconfoming or defective goods by it date to be agreed upon by the expected from the neatest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thaca0cr indicates its inability or unwillingness to comply, the Purchaser shipments an made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and miles of the state, 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 made, Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss maimed by them by reason of an asserted or established violation of any such laws, regulations, ordinances. Vales and requirements. Authorization. All parties to this contract agree that the ropresentatives am, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yen, premised delivery date as noted. Time is of the mace. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Howrva, 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 acts of Gnd, acts ofcivil or military authorities, governmental priorities, rims, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser 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 period equal to the time actually lost by reason ofthc delay. 1. WARRANTY. The Seller warns that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions 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 similar nature. The Sella agrees to hold the purchases harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or Make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aFier the date of acceptance of the goods, famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver fany 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 wammics or guarantees, but such liability shall in no event include loss ofpmfits or lom of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchasa may make changes to legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms other than legal tarns, including additions to or dcletinns 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 peformancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics 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 to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warns that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the gads arc subject. The Seller shall "mute and deliver such documents as may be required to effect orevidert compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of thc Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, naasfeq or convey this order. or any monies due or to bwomc due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr wamats full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its eonnatlnrs of any tier from all liability and claims of any nature 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, oficas and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pcifomed or caused to be perfomed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamlets the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material at 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 reason ofsuch infringement at any time during the prosecution or slier the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment nr pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bnnkmpt make an assignment for the benefit of creditors, appoint a receiver or tmstee for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the imeq+ramion of the agreement and the rights of all parties hereunder shall he construed under and govemed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Repoesentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the sonic is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Shccls own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible 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, pmvide for the payment of workers compensation, including occupational disease benefits, 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 tarty comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnce expires The Seller agrees that such compensation and insurance shall be maintained until a0er the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons 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 fmm and against any and all claims, losses, damages, Charges or expenses. whether direct or indirect, and whether to person, or property to which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or anv of the Sellers or contractors officers, agents or employees In case any snit or other proceedings shall be brought against the Pumhaseq or its officers, agents or employees m any time on account or by reason of any act action. neglat omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Seiler hereby agrees to ass,umc the defense thereof and to defend the came at the Sellers ow'n expense, to pay any and all costs charges, attermys 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 case judgment or other Tien be placed upon or obtained against the property of the Purchaser, m said panics in or as a result of such 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 contactors shall take all safety precautions, famish and install all guards n mmary for the prevention of accidents. comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations macd pursuant thereto. Revised 03/2010