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HomeMy WebLinkAbout481078 BRINKMAN CONSTRUCTION INC - PURCHASE ORDER - 9145820Fort Collins PURCHASE ORDER Date: 10/08/2014 Vendor: 481078 BRINKMAN CONSTRUCTION INC 3003 E HARMONY SUITE 300 FORT COLLINS CO 80528 PO Number Page 9145820 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: 10/07/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Sta 5 Underground Roof Drain Per WO dated October 6, 2014 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 15,958.71 71 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Eurchuse OrderTendis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute fie City of Fan Collins is exempt f sure and local axes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of lmcrnul Revenue, Denver, Colorado (Ref Colomdc Revised Samuel 1993, Chapler 39-26, 114 (a} Goods Rejaued GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in tmmit, may No reamed 1. you far credit end am or to h replaced except upon rmaipt of winter intrusion from the City effort Collins. Inspernan, GOODS are abject to the City of Fort Collins inspection oa arrival. II. NONWAIVER. Failure of the Purchaser to insist upon Strict Performance of the terms and conditions hereof, failure or delay to exervise any rights or remedies provided herein or by law, failure to promptly notify, the Seller or the event of a breach the acceptance ofor poymem for goads hereunder or approval mfthe design, shall not release the Seller oI any of the wartamin re obligations of this purchase order and shall not be decnud a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the rarmn hereof. Fail Acceptance. Receipt of life merchandise, Services a equipment in response to this order can .1, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pat of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting Earn antitrust ACCEPTANCE is dependent area completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theremfore,tbar geed curse and as consideration for execndng this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Trans. Shipment must h F.0 B., City of Fort Collins, 700 Wool St, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otbcrwise specified on Nis maker. If permission u given be prepay f ,do and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase ori bill most accompany invoice. Additional charged for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Balance. Where mnnfacmrers have distributing points in various pans of the country, shipment is If the Purchaser dome. the Seller to correct ammunfonning or defective goals by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess bright will be, deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser Shipments are made from greater distance. may cause the work to h performed by the mast expeditious means mailable to it, and the Seller shall pay all tours associated with such work. Permits. Seller shall procure at Sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, crdimvnces and toles fthe state, municipality, territory or political subdivision where the work is perforated, or required by any wha duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fan Collins harmless fiver and against all liability end loss incurred by them by reason of an assumed or aablished violation of any such laws, regulations, ordinances, rules and requirement. Authorization. All panics a this narrmd agree fat the representatives are, is fact, bvm fide and posacss full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance he the leans and conditions stated herein sat fault and any supplementary, or additional tears and conditions ...axed hereto or ineoryoramd herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot rake complete shipment to some an your promised delivery date in noted. Time is of the essence. Delivery and performance mast be effected within the time stated on the purchase order and the document attached herein. No art of the Purchasers including, without limitation, acceptance ofpanial Irate deliveries, shall operate as a waiver ofthis provision. In the event id any delay, the Florham, hall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages ns a result of delays due to claims not reasonably foraecable which art beyond it reasonable control and without its fault of negligence, such acts ofGod, acts ofcivil or military authorities, govemmenml priorities, fires, 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 my such delay, the data of del ivory slwll be extended for the period tyml to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goads, asides, materials and work coverts 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 competeme in accordance with accepted standards for work of a milar sure. The Seller agree to hold the purchaser harcas fmm any loss, damage or expense which the purchaser may su fa or human account refuse Sellers breach of ecamenty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the rem s of any applicable warranty provided by the Seller after the date of acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imparted or defective work done or materiah fomiched by the Seller. Acceptance or use of goods by the Purcoua fill not anec mte a waiver of my claim under this warranty. Except as otherwise providal in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing wnmnties or guarantees, but such liability shall in no event include loss of profs or less of one. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tears by written change orda. 5. CHANGES IN COMMERCIAL TERMS. The Purularear may make any changes to the terms. other than legal wrrm, including additions to or deletions fmm the quantities originally ordered as the specifieria ns or drawings, by verbal or writen change order. If my such charge effects the amount due or the time ofpaformaace hereunder. an equitable adjustment shall h made. 6. 1LAMINA 'I IONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all plamom of the goods then not shipped, subject to any equitable adjustment hrween the parties as to any work or materials then in progress pmvided that the Purchaser shall not ba liable for any claims for anticipated profits on the uncompleted portion of the goods andtor work, for incidental or cona,mantial damages, and that no such adjustment be site in favor of the Seller with respect to any goods which arc the Sellers standard stock. No sorb termination shall relieve the Purchasa or the Seller of any of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment mull be asserted within thirty (30) days firm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants fall all goods sold hereunder shall base been produced, sold, delivered end famished in stria compliance with all applicable laws and regulations to which fie goods are subject The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required an 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 cast and damages suffacd by the Purchaser as a result of fie Sellers failure to amply with such Uw. 9. ASSIGNMENT. Neither army shall resign, transfer, or convey this order, or any monies due or to become due hereunder with.., he prior wrinm consnn of the other parry. 10. TITLE. The Seller warrants full, clear and mommded 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 inremst mambmnar and claims of others. The Seller shall release the Purchaser and it cmarecon of any tier limn all liability lard claims of any nature resulting Tam the performance ofsuch work. This release shall apply even in the event of fault of negligence of rise parry released and shall Sliced m the dimaim, officers end employees ofsuch parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or reused m h perfmaral by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any canter, device, material or praess covered by letter, parent, trademark or copyright, the Seller shall indenmify and Save harmless the Purchaser from any and al I claims for infringement by reason of the use of such patented design, device, material or process in correction with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may h obliged to pay by reason of Such infringement at any time during the preservation or after 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 constltnte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially aml but noninGngi ag equipment, a modify it so it becoma rmninGngirs, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an essignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this cutler may fast be canceled by the Purchaser wifiout liability. 16. GOVERNING LAW. The definitions off. used or the interpretation of the agreement and the rights ofall panics hereunder shall h constred under and governed by rise laws of the State of Colomdo, USA. The following Additional Condition apply only in cases where fie Seller is to peifmm work M1ertuvder, including toe Services of Sellers Repreaenmtive(s), on fie pran6a ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, to cue of any mcidmr, destruction m injury to the work ardor materials We. Sellers fluid compleion and ameptincq ampdne the work a Sellers own a.,— and to Be satisfntion of the Purchaser. When mstrnak and equipment are famished by others for installation or emetiou 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 more being fmished by the Seller under the order. 18. INSURANCE - The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefit, m it employees employed on or in connection with the work covered by this purchase order, Sulfur to their dependents in accordance with the laws of the site in which the work is to he done. The Seller ,fill also carry amprchem ve general liability including. but non hutted to, contractual and automobile Public liability insurance with bodily injury and death limits of at least S30 ,000 for any one person, SSO0,00o fat any one accident and propmy damage limit Per accident of 8400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of fie Sellers or his contmdars employees shall do any work upon the pan am, ofothers, the Seller shall fumiSh the Purchaser with a c-oficatc that such compensation and overnice have been provided. Such emi0cams shall specify the date when such ompensation and insurance have been pmvided Such ceni0cata shall specify fie date when such compensation and insurance expires. The Seller agrees that such compematiw and insurance shall be maintained until after fie entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby colarearms Be entire responsibility and liability for any and all damage, loss or i jury army kind or ware whatmner to parsons or property caused by or rtsuhing fmm the execution offe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless fie Purchaser and any r all of the Purchasers olRcas, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pas of the Seller, any of his contractors, or any of the Sellers at contmcmrs oRcers, agents or employees. In now, any suit or other prouramp shall he brought against the Purchaser, on, its officers. agents or employees at any 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 ns aforesaid, the Sella hereby agrees to assume the defense thereof and to defend fie same at the Sellers own expense, to pay any and all cost, charges, attorneys, fees and other expenses, any and all jndgrents flat may be incurred by a abmion d egaines, the Purchaser a 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 of the Purchaser, or said ponies in or in a result ofsuch suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contmctors shall take all safety precautions, banish and install all guards accessary for the prevention of secidams, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safety vW Health Act of 1970 and all toles and regulations ended pursuant therein. Revised 0I12014