HomeMy WebLinkAbout481078 BRINKMAN CONSTRUCTION INC - PURCHASE ORDER - 9144978PURCHASE ORDER PO Number Page
City of PURCHASE
9144978 , of 2
Flirt Collins
This number must packing
!I\V`I ` V 1 1 on all invoices, packing
sli s and labels.
Date: 08/28/2014
Vendor: 481078
BRINKMAN CONSTRUCTION INC
3003 E HARMONY SUITE 300
FORT COLLINS CO 80528
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
1 Sta 5 White EPDM Metal Re -Roof
WO #Station 5-2014-1
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 LS
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
urchase Order Terms and Conditions Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Coll me, is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regrtered wfth the Collector of
Internal Revenue, Deaver, Colorado (Ref Coleando Reared Sharron 1973. Chapter 39-36,114 (a).
Goods Rejected. GOODS REIECFED due to failure to ram stedfic akew. either when shipped or due m def cts of
damage in marcul, may be, returned to you for credit and are not to be replmed except on recapt of wrinen
instructions frum the Cry of Pan Collins.
Imponion. GOODS are wbjed to the Ciry of Fon Collins inspection an twival.
Final Acceptance. Receipt of me me¢hmmiu, services or equipment to mponse to this order can result in
terminated payment on the an Of the City of run Collins. However, it is to be understood Out FINAL
ACCEPTANCE is dependent upon completion of all applicable rquired inspection procedures.
Fmgln fame. Shipments must be F.O.B., City Of Fun Collins, 900 Wood St., Fiat Collins, CO 80533, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany mvow, Additional charges for parking will rent be accepted.
Normand Distance. Where manufacturers have distributing points in w Pans of the country, shipment is
expected who the neamor distribution print to destination, and excess freight will be deducted firm Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificate and licenses required by all
applicable laws, regulations, ordinances and rules of the same, municipality, territory or political subdiv sion where
the work is performed, or required by any other duly com uted public authority timing jumaliction over me work
of vendor. Seller further agree to hold the City of Fan Collins Numbers from and against all liability and loss
anrem ed by them by moon of an assened or established violation of any such laws, regulations, ordinances, rules
requirements.
Authorization. All parties to this contract agree that the representatives nre, in fact, bow fide and possess full and
omplete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly ],.its acceptance to the terms and mudltiam sated
herein et forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
refrenee. Any additional or different itrats and conditions proposed by seller are omated m and hereby ojctled.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately If you ,annul make ,ampler. shipment m arrive on your
promised delivery time as noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchau order and be documents mtached hereto. No ace of the Purchasers mcluding, wilmed
limitation, acceptance of penal late defivena, shall operate as a—iver ofthis provision. In the rem ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 nowmenbly foreaamble which are beyond its reasonable control and without its fault of negligence,
such acts of GOO, acts of civil or military a 11saft es, governmental prioriliex, fires, strike. flood, epidemics, wars err
ones, provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the
One, Ohm the Seller first received knowledge thereof. In the event of any such delay, the &ter of delivery shall be
attended for the period equal to the time actually loss by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, anfles, 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 stet Jard for work of a
similar nature. The Seiler agrca to bold Ne pwrhaer harmles feom any map, damage or expense which the
Pmchass r nay suffer or incur on azmrnt of the Sellers breach ofwamanfy. The Seller shall replace, repair or make
goad, without cost to de purchaser, any defects or faults arising within one (t) year m within such longer period of
time as may be prescribed by law or by the terms of my applicable warranty provided by the Sella after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except As otherwise provided in this purchase order, fie Sellers
liability hereunder shall extend to all damage, proximately mused by the breach of any of the foregoing warranties
or Simmons, ns, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make change m legal learns by written change order, r
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the farm, Omer than legal lean, including additions to or deletions Not
me quunitin ori,i edly oOdcreal in the spwitfeatiom or dnwfngc, by verbel or written change order. If any such
change affects the amoum due or the time ofperfmmulce hereunder, an ar ilable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at nay time by wrrnm change order, terminate this agreement as to Hey tar all Pu llar, 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 courni aced profe, on me uncomplered
ponfon of the good andrior work, for mcldmlal or catsquenlial damages, and that no such edJpunmt be made in
favor of fhe Seller with respect to any goods which art the Sellers supreard stock. No such tenomanis n shall terms.
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim Ibr adjustment must be asserted within thirty (30) daYs from me date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wmranu ma all goad sold hereunder shall have been produced, sold. delivered and famished to stria
compliance with all applicable laws and regulations to which the goods One subject The Seiler shall execute and
deliver such documents p may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchase, harmless is.. all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my movie due or to become due hereunder without the
poor written consent ofthe other party.
10. TITLE.
The Seller w'amdnts full, vicar and unretracted title to the Purchaur for all equipment, materials, and items burnished
in pert ante of this armament, free and clam of any and all hem, restrictions. mscrvainw. securiry formal
encumbrances; and claims of others.
ILNONWAIVER.
Fallen, of the rundown to insist upon strict performance of the tam x and conditions haroL failure or delay to
any rights or seedrovided herein or by law, failure ill promptly notify the Seller in the event of a
breach, ms p
h, the acceptance ofor payment for good hereuMn or approval of fc design, shall not release the Seller of
any of the warranties of obligations of this purthase polar and shall not be deemed a waiver orally right of the
purchaser to insist upon strict performance hereof or any of hs rights or remedies as to any such goods, regardless
cf when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned
oral modification of rescission of this purchase order by the Pincher operate as a waiver of any of the terms
hereof.
13. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharge resulting Newsanniumt
violations art in fact borne by the Purchase, Theretofore, forgoodcave and as consideration for executing this
purchau order, the Seller hereby points to the Purchaser any and all claims it may now have or hereupon
acquired under federal or sure antitrust laws for such overcharges relating to the particular gaud or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If file Purthuer directs me Seller to correct 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
may cauu the work to be performed by the most expeditious means available Ins it, and the Seller shall pay all
casts associated with such work.
The Seiler shall release the Processor and its contractors of any ter from all liability am claims of any nature
resulting fmm the performance of such work.
This releme shall apply even in the event of fund of no hi mce of the Party ofeaud and shall exend to the
directors, office. and employees of such party.
The Seller's cuntradllal obligations, including wurmnfy, shall not be deemed to be reduced, in may way, because
such work is perforated or caused to be, performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to two any design, device, material ar pmcces coverd by letter, parent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for inGugerm nt
by reaon of rlte use of arch 'failed design, device, material or process in connection will, the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason Of such
infringement at any time during the pmsmunu l or after the completion of the work. In case said equipment, or
any for thereof or the intended we of she goats, is in such suit held ter cuptimte infringement and line use of
said cauipmem or pan u enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right an continue using said equipment or pans, replace the same with substantially qual but
nmsinGnging equipment, or modify it so it becomes numufdnging
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of cmdurn. appoint a
receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the
Poindexter
hr without liability.
16. GOVERNING LAW.
The definilions ofrmms used or the interpretation oflhO agrcemem and the rights ofall parties hereunder shall be
cam treed under and governed by the laws Of the Slate of Colorado, USA.
The following Additional Conditions apply only in cases where the Seiler is to perform work romancer,
including the services of Sellers Repreentalive(s), no the premises of others.
17, SELLERS RESPONSIBILITY.
The Seller shall carry m said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work and/or mannals before Seller's final completion and
ccepunce, complete he work at Sellers own expense and to the satisfaction of me Purchaser. When materials
and equipment are furnished by others for homlilasm or erection by the Seller, the Seller shall receive, unload,
store and handle sane at the site and become responsible therefor as though such materials arWlor equipment
were being f ishod by Nc Seller under the order.
Ise. INSURANCE.
The Seller shall, al his own expense, provide for the payment cf workers compewation, including tualsoionm
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 arm carry comprehensive general liability including, but not limited to, antractml and automobile public
bribiliry huumoce with Mdily imury end dal, limits of at least SJCO.Mn fur any roe person. SSWOW for my
out accident and pmpeny damage limit per accident of S400,000. The Seller shall Ilkewise require his
omrzclons if nny, to provide for such cournmamion and insurance. Before any of the Sellers or his contractors
employees shall du any work upon the premises of others, the Seller shall furnish the Purchaser with a veNficate
that such compensation and insurance have been provided. Such cenificme shall specify the date when such
compensation and resonance Live been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compoess union and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury orally kind
r nature whalsonur 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 from and against any and all claims, losses, damages,
charges or expenses, whether direct or radical, and whether ro persons or property, to which the Purchaser may
be on ar sobjecr by . of my .1, aztlo, ncglecl, omission or default m the pen of me Seller, any of his
contractors, or my of No Sellers of contracmrs offxon, agents or employees. Inc my .it .1 Net
pfoceedmgs shall be brought aganst he Purchaser, or its officers, agents or employees at my time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to weame the defense thereof and m
defend the same at the Sellers own expense, to Pay my and all costs, charge, atpmeys fees and other expenses.
my and all jud&nents Net truly be ircurred by or obuited against the Purchases or any of its or their officers,
agave of employees On such suits or Omer proca slings, and m case judgment or other It,. he placed upon or
obtained against the property of fc Purhown, or said parties th or as a reach of smh suits or other proceedings,
the Seller will al once cause the same to be dissolved and discharger by giving bond or otherwise. The Seller and
his communist shall take all safety precautions, fumish and install all guard Waseary for the prevention of
accidents, comply wit all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all tales and regulatiom issued pasmnnhemo.
Revised O7n014