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HomeMy WebLinkAbout481078 BRINKMAN CONSTRUCTION INC - PURCHASE ORDER - 9144977Fort Collins Date: 08/28/2014 PURCHASE ORDER Vendor: 481078 BRINKMAN CONSTRUCTION INC 3003 E HARMONY SUITE 300 FORT COLLINS CO 80528 PO Number Page 9144977 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 08/28/2014 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price t Sta 5 Asphalt Shingle Re -Roof 1 LOT LS 39,318.65 WO #Station 5-2014-2 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@fcgov.com 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local vexes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenifirwe of Registry 84fi000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Summit 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided harem or by law, failure to promptly notify the Seller in the event ofis breach, the asap. of or payment for goods heremder err approval of the design, shall not relrme me Seller of Goods Rejected. GOODS REJECTED due to failure to men specification,, either when shipped or due 1st def,ts of any of the associates Or abligaristm of this purchase order and shall rust be deemed a waiver of any righ, of the damage in transit, may be returned to you for credit and we not to be replaced <,aa, t upon rasid of women purchemr to insist upon strict performance hereof., ay of its rights of remedies as to any such goods, regardless insulation, from the City of FOA Collins. crashes shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fan Collins inspection on rmval, horror. Final Acceptance. Receipt of ,he merchandise, services or equipment in respons to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anthoriud payment on the two of the City of For Collins. However, it is 1st be mderstod m oolFINAL Seller and the Franchiser recognize mat in word economic Families, o ercharges resulting from antitrust ACCEPTANCE u dependent upon complain. ^fall applicable required inspection procedures. violations ere in fact home by the Pumhamr. Therrmforefar good eau¢ and a consideration far executing this purchase order, me Sena hereby assigns to the Purchaer any and all claims it may now have or hereafter Freight Terms. Shipments must he F.O.B., City of For Collins, 700 Wood St, Fan Collins, CO 80522. unless acquired under federal or stale amtlurut laws for such overcharges relating to the particular goods or services otherwise specified oa this arch If permission is given to prepay freight and charge sensuously, the original freight purcham l or acquired by the Purchase( pursuant In this purchase order. bill ma,, wannown,invoice. Additional chances for cousin. will nor be wcemed. Shipment Distance. Where manufacturers have common, points in various pans of the country. shipment is expected from the nearest distribution point to destination, and excess fight will be deducted f Invoice when shipmates are nude from greater disunce. Permits. Seller shall prance at sellers sole cost all neccsgary, permits, renifiates and licenses required by all applicable law,. regulations, ordinances and tales of the stale, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vend.,. Seller tuner ap{ees to hold the City of Fort Collins bmmless from and against all liability and loss incurred by them by reason of an accord or established violation of any such laws, regulations, ordinances, roles and Rgni ammus. Authorization. All parries to this contract agree that the mp rmnutives are, in fact, bow fide and possess fun and complete authority to bind said parties. LIMITATION OF TERMS. This I'mchnse Older expressly limits acceptance 1. the mums and conditions stated herein set fan i and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any addili^ml or Orr ..at corms and conditions prupoaed by seller are objected as and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in arrive on your promised delivery dine m noted. Time is order essence. Delivery and performance must he elected within me time mated on the Eurch.w order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial last deliveries, shall operate as a wrier, fthis prevision. In the even) otroy delay, the Purchaser shill have, in addition to other legal and equitable remedies, the opli.n of pla ing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall or be liable for damages as a ,mull of delays due to impairs not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such aces of Gad, acts of rivil or military authorities, govemmensal priorities, fires, strikes, flood, epidemics, wars or riots Provided that notice of the mra itiom arising such delay is given to the Parchmer 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 o aal to the time actually text by regain of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confomt with applicable drawings, specification, samples and/or offer desedptions given, will be fit for the propeams intended, and Imported with the highest degree of are and competence in accordance with acceptcl suhdard for work of a similar chmre. The Sella aged m hold the purchaser harmless from any loss, damage or apace which the Prachus, may suffer or incur an 0... an, of the Sellers beach of icamenty. The Sella shall replace, repair or make Read, without cost to he pprchaur, any defects or faults arising within am (1) year or within such long, Paled of time as may be prescribed by law or by the terns army applicable wamonry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not m be wreamnoldy delayed), resulting farm imperfect or defective wad done or materials famished by the Seller Acceptance art cove of goods by the Purchaser shall not comtiture a waiver Of any claim under this warranty. Except as otherwise provided in this purGhese order, the Sellers liability hereunder shall extend to rill damages prisimamly caused by the breach of any of the foregoing warrgnlies or gwremas, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Frachusrrmay make ebang, to legal reams by winner change order. " 5. CHANGES IN COMMERCIAL TERMS. The Pumhver may make any changes to the twice, other than legal lanes, including additions to at deletions from the qumtitia originally ordered in the specifications err drawings, by vernal ^ wHma change oNa. If any such change alecm he ...at due or the time c rpedomrwce heuunda, an,luitable w1justmenl ahau W made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement .v 1. any . all poni n, Of the Rands then not shipped, subject to any equitable adjustmenl between the panics m to any work or materials then in progress provided but me Purchaser shal not be liable in, any claims for anticipated profits on the marrill,ed portion of the goals rodeo, work, for incidental or consequential damages, and that no such adjustment be nude in favor of the Seller with respect to any goofs which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hcremala. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thiny (30) drys Gam the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller w manta mat.11 good sold hereunder sbdR have bee^ produced, sold, delivered and famished in wria compliance wish ell applicable laws and regulations to which the goods me subject The Sella shall exeate and deliver such documents as may he respond to effect or evidence compliance. All laws and regulations required m Is, ncotpamted in agreements of this character am hereby incorporated herein by this reference. The Sella agrees an indemnify and hold the Purchaser hamless from all costs and damages suffered by the Picchmer as . result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nadia parry shall assign, mamfer, or campy this oNer, many monies due m to become due hereunder without me prior written consent of the other parry. 10. TITLE. The Seller warrants PoIL clear and unrestricted lilt, In the Purchaser for all ecuipmem, materials, and items fumished n Performance of this agreement free and clear of any and all lows, restrictions, reservations, maturity interest acumbmwes and claims o f others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming at defective goods by a dare to be agreed upon by the Purchaser mW the Sella, and the Sella thereof, itWiala its inability or unwillingness m comply, me purchaser may cause roe work to W performed by the mast expeditious meant available to it, and the Seller shall pay all costs arawm ed with such work. The Seller shall release the Purchaser and Its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in me event of fault of negligence of the party released and shall extend to the directors, nlficers and employees of such party. The sellers correlated obligmions, including warranty, shall not he directed to be reduced, in coy way, because such work is performed or caused to be performed by the Purchaser. 14. PATEN IS. Whenever the Seller is criminal to am any design, device, material or process covered by letter, patent, trademark Or copyright, the Seller shall indemnify end save hzrrnless the Purchaser from any and all claims for infringement by reaoa of the use of such patented design, device, magaid or process in connection with the contra, will shall indemnify me Purchaser for any cost, expeme or damage which it may he obliged to pay by reason of such infringement a1 any time during the prosecntian or after me completion of the work. In eve said aluipnmnl, or any pan thereof or the intended use of the goods, is in such suit held at camtimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either Instance for the Purchaser the night to continue using said equipment or will replace the same with sublimially equal but marafringing equipment, Or modify it so it becomes noninfiinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make a assignment for the benefit of creditors, Visual a mcelver of trustee for any of the Sellers properly or business, this aide, may f.Mw,lh he canceled by this, Purchaser without liability. 16. GOVERNING LAW. The definition ofterrm used or the interpretation of the agreement and the rights of all ponies hereunder shall be com n ed under and governed by the laws ofthe Sum ofColomda, USA. The following Additional Conditions apply only in rows where the Seller ism perform work hereund,, including the services of Sellers Rrpress nsatiortab on the premises ofothers. IZ SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Seller's own risk ..,it the same is fully completed and accepted, and shall, causein of any accident, destruction or injury to the work ani mmeruls before Sellers final completion and acceptance, complete the work at Scllei s own expense and to the sotisfaation of the Purchase. When materials and equipment are famished by others for installation or emotion by the Sella, the Sella shall receive, unload, store and handle same at the site and become responsible mertfon as though such cannabis andgor o uipmml were being famished by the Sella under the order. .. IL INSURANCE. The Seller shall, at his own expense, provide 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, andtor to then dependenm in accordance with the laws of the sate in which the work is to he done. The Seller shall also cart, comprehensive geoerdl liability including, but rest limited to, contractual and automobile public liability imurdnce with h4ily injury and death limits of in least S300.o.0 for any one person, $50 ,0oo for any arm occident and property darrage limit per accident of S400,000. The Sella shall likewise ral his anomalous irony, to provide for such compensation and insurance. Before coy of me Sellers or his contractors employees shall do any work upon the premises of others, the Seller shell 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 dale when such compensation and insurance expires. The Seller agrees that such compensation anal insurance doll be maintained until after the <ntim work is completed and rarer ted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumes the is. responsibility and liability for any end all damage, loss or injury of any kind or future whatsoever to persons or property caused by or resulting from the execution.fthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether climb, or indirect, and whether to Famous or property to which me gmchm, may be put or subject by reason of any art, action, will omission or default on the pan of the Sell,, any of his eontructors, or any of the Sellers or contractors ORcas, agents or employees. In case any suit or other proceedings shall be brought against the Purchu,, or its officers, agents or employees at any time on account or by Ragan of any act, -lion, neglect, omission or default of the Sella of any of his conammors car any of its or their onic ss. agents or employees as aforesaid, the Sella hereby agrees to nsmme the defense heraf and to defend the same at the Sellers own expense, to pay any and all costs, charges, auto neys 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 cam judgment or other lien b, placed upon or obtained against me property of the purchases, or said parties in or m a result of such suits or tamer proceedings, the Sella will at once aura me same to he dissolved and discharged by giving bond Or ometwine. The Sella and his contractors shall sake all afety precautions, furnish and install all gunds v,essary for the prevention of accidents, comply with all laws and regulations wish regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all miles and regulations ¢sued pursuantthersto. Revised (DOOM