HomeMy WebLinkAbout130469 THE BRENDLE GROUP INC - PURCHASE ORDER - 9141167 (2)Fort Collins
Date: 11/12/2014
Vendor: 130469
THE BRENDLE GROUP INC
212 W MULBERRY ST
FORT COLLINS CO 80521
PURCHASE ORDER
PO Number Page
9141167 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 11/12/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 CO #1 additonal work requested 1 LOT EA 4,000.00
Business Partner Analyis
Part of Strategic Plan and retooling of requirements.
a CO #1 additonal work requested
Business Partner Analyis
Per requisition 48470
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
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 statute the City of Fort Collins is exempt from state and heal taxes. Our Exemption Number is
11. NONWAIVER.
99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure ofthe Purchaser to insist upon strict performance ofthe tams and conditions hereof, failure Or delay to
Inmmal Revenue, Denver, Colorado Prof. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a).
execue any rights or remedies provided herein m by law, failme to promptly refify the Seller in rise event of a
breach, the acceptance ofor payment for goods hererader or approval of the design, shall and release me Sella of
Good Rejected. GOODS REJECTED due to failure to tam sperifiwdors, either when shipped m due to defcs of
any of the wamdaica or Obligations of this particle order and shall not b, domed a waiver of my right of the
damage in hansit may be artumed to you fro credit and are not to be replaced except upon receipt of wrimen
purchaser to insist upon strict perfornmance, hereof or any of its rights or remedies as to any such goods, regardless
instructions form the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default Maunder, not shall any pa coned
Oral modification or rescission of this purchase order by the Purchaser .,care as a waiver of any Of the more
Inspection. GOODS are subject to the City effort Collins inspection on arrival,
heeof.
Final Acceptance. Receipt of the merchandise, seaica or equipment in resp.me to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amhoriaad payment on the pan of the City of Fort Collins. However, its to be understood that FINAL
Sella and the Purchaser rm.,am that in actual coare practice, a achargea numhing fears antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations are in fact home by the Purcbma. Thrraofore for good cause and as comidemtion for executing this
purchase oNer, the Seller hereby assigis to the Purchaser any and all claims a may now have or hereaner
Freight Tams, Shipments must be F.O.B., City of part Collins, 700 Wood Sr, Fort Collins, CO 80522, unless
acquired under Fedeml or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. irpermission is given to prepay freight and charge separately, the migirml freight
purhhnssed or acquired by the Purchaser puts.... this purchase order.
bill must accompany invoice. Additional charges for packing will out be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distribliing points in various parts of the country, shipment is
Iffe, Purchaser directs file Sella to coach nonconforming or defective good by a der to he agreed upon by the
expected from the nearest distribution point to deslinerion, and excess freight will M deducted farm Invoice when
Purchaser ad the Seller, and the Sella therea0rr indicates is inability or unwillingness to comply, fe Purchaser
shipments are made firm greater distance.
may cause the wank m be pert ed by fie most capeditiom nrcats available to it, and the Seller shall pay all
toss associated with such work.
Pemrits, Seller shall proenre at sellers auto cost all necessary patois, certificates and licenses requital by all
applicable laws, agulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or requiout by any Other duly constituted public authority having jurisdiction over the work
of vendor. Sella further agrees to hold me City of Fon Collins hzmlless from and against all liability and loss
ennsincurred by them by son of an asserted or established violation of any such laws, regulations, ordinances, ales
reason erte
regairemrnts.
Aufor aration. All panics to this contract agree that the aepreunmtivm are, in fan, bona fide aot possess fun and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms vad conditions annexed harm or incorporated herein by
reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediaely if you carom make complete shipment to arrive on your
promised delivery date as noted. Time is of fie essence. Delivery and perfomance most be effected within the rime
stated on the purchase Omer and the documents attached hade. No acts of the Purchase, including, without
limitaim, acceptance of partial late deliveries, shall operate as a waiver of this pr.visiun. In the event .f any delay,
the purchaser shall have, in addition to other legal end equitable remedies, the Option Of placing this Order elsewhere
and holding the Seller liable for damages. However, the Seller shall or be liable for damages as a resell of delays
due to causes nor reasonably faresamic which are beyond its reasonable central and without its fault Of negligence,
such acts of cad, acts ofeivil or military authori4es, govamnrnml priorities, fire; strikes, Bond, epidemic, wars or
rims provided mal nonce offe conditions causing such delay is given to the Prrehma within five (5) days of the
time when the Seller first received knowledge daeoE In the event of any such delay, the date of delivery shall be
extended far the period equal to the time actually lost by reason of the delay.
3. WARRANTY,
The Seller warrants that all goods, asides, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriplions given, will Im fit fro the purposes intended, and
prrfbnned with the hippest degree of cart and competence in acwNance with mapted staMamis for work of a
similar nature. The Seller agrees to laid fie purchaser hammles from any los, damage or expense which me
purchaser may suR or incur on account of the Sellers breach of warmnry. The Sella shall replace, repair or make
good, without eat to the purchaser, my defects or faults arising within out (1) year or within such longer period.(
time as may be prescribed by law or by the tams of any applicable warranty, provided by the Seller 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 me Seller. Acceptance or use of goods by the Purchaser shall not
emstimm a waiver of any claim under this warranty. Except as otherwise provided in this purchase Omer, me Sellers
liability hereurdo shall extend to all damages proximately cmed by me breach of say of the foregoing warranties
m gumaaas, but such liability shall in no event include loss of feroNs or loss 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 human by written change order
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes or the tense, other than legal terms, including additions to or deletions from
me quantities originally omered in fe [paffeatlons or drawings, by verbal or wlinm change order. If my such
change affects the amount due or me time ofpednmrance hacundeq an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, marinate this agreement as to any or all portions of the
goods then not shipped, subject o any equitable adjustment between rise parties m to tiny work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated psifies on fie musimplered
portion offe goods andror wool:, for incidental or consequential damages, and that no such adjustment be made in
favor offe Seller with respect to any goods which art the Sellers stendand atook. No such moo ation shall relieve
the Pardoner or the Seller ofany of their obligations m to any good delivered bereander.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the dole the change or tenminarim is
ordered.
B. COMPLIANCE WITH LAW.
The Sella warrants that OF goods sold hereunder shall have been predated, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which fie goods are subject The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be
incorporated in egreements of this chaader are hereby incorporated herein by this reference. The Seller specs to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser nw a trick of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, truster, or runway this order, or any mania due in to become due hereunder without the
prior warren corsent.fine office parry.
10. TITLE.
The Seller warrants full, clear and unmanded title to the Purchaser for all equipment, materials, and items furnished
n performance of this agreement, free am clear of any ad all loom, restrlc6ons, reservations, security interest
encumbmnca aM claims i fathers.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
esulting farm the perfarm once Of such walk.
This release shall apply even in the event of fault of negligence of the parry released and shall extend a the
dlrecmn, officers and employees ofsuch parry.
The Sellers communist obligations, including wasrenty, shall net h< domed to be reduced. N any way, because
such work is performed or caused to be pedorned by the Pumhaze,
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by lever, patent, trademark
r copyright, the Seller shall indemnify and save harmless me Purchaser from any and all claims for infn'nganent
by reason of the use of such palented design, device, material Or process in connection with fie contact, and
shall indemnity the Purchaser for any cost, expense at damage which it may be obliged to pay by meson ofsuch
fifi ingemmt at any time during the prosecution 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 m constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and a its option, either prmme for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it Incentives tmninf timing.
15. INSOLVENCY,
If the Sella shill become insolvent or bankrupt, make an assignment for the benefit Of creditors, appoint a
receiver or become for any of the Sellers propery m business, Nis order may forthwith be canceled by the
Fortuna without liability,
16. GOVERNING LAW.
The definitions ofterms need or the interpretation ofthe agreement and the rights of all parties hereunder shall be
contained coda cad governed by the laws offe State ofColoort USA.
The following Additional Conditions apply only in cases where the Sella is to paffim work hereunder,
including the services of Sellers Represeamtivafs), on me premiss of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry, on said work at Seller's own risk until the same is fully completed and accapted, and shall,
in taw Of any accident, destruction or injury to me work andlor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to red satisfaction of rise Purchaser. When materials
and equipment ate fumiahed by others for installation or section by the Sella, the Sella shall m ilea, ma ed,
store and handle same at the arm and became respersible therefor m though such nalarials and/or equipment
were being furnished by the Sella maker the order.
UL INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease bmefis, to its employees employed on or in connection with the work covered by this pumberse order,
and/or to their dependents in accordance with me laws of the sum in which the work is to be done. The Seller
shall also tarty, comprehensive general liability including, but vm limited m, contramual anti automabia public
liability insurance with bodily injury and dean Timis of to least S300,000 for any one Person, $500,000 for any
one accident and property damage limit per accident of 5400,000. no Seller shall likewise require his
emnlmtors, if any, to provide for such compensation and insurance. Bator* any offe Sellers or his contractors
employees shall do any work upon the premises of others, me Seller shall famish the Purchaser with . 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 t, date when such compensation
and irmurwce expires, Thr Seller agrees that such eompensation and ineumnce shall be mainmined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase other or in connection herewith, The Sella will indemnify and hold harmless the Purchaser and my
or .11 of the Purchasers officers, agents aM employers from and against any and all claim; losses, damages,
charges or expense; whether direct ar indira, and whether m persons or property to which me Purthmer may
be put or subject by mason of any act ection, raglan, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or contractor officers, agms or employees. to rase my it Or other
proceedings shall be brought against the Purchase, or its officers, agents or employes at any time on account Or
by reason of any net, nation, neglect, omission at default of rise Seller of any of his contractors or my of its or
their oRcers, agents or employees me aforesaid, the Sella hereby agree to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attameys fees end other expenses,'
any and all judgments that may be incurred by or obtained ag meat fie Purchaser many of its or their oHic rs,
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 pasties in or as a result ofsuch suits Or outer proceeding,
the Seller will in once cause the same to be dissolved and discharged by giving toad or otherwise, no Sella aM
his contractors shall tape all safety precautions, famish and insmll all grad necessary for fin, prevention of
accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the
Occupational Safety and Health Act of 1970 and all ales and regulatica i issued pursuant thereto.
Revised 0712014