Loading...
HomeMy WebLinkAbout481078 BRINKMAN CONSTRUCTION INC - PURCHASE ORDER - 9150321PO PURCHASE ORDER 9150321 Page City, of 9150321 1of2 `t Collins lI„s This number must appear V ` 1 1 on all invoices, packing sli s and labels. Date: 01/1412015 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: 01/14/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Sta 5 Underground Roof Drain January 6, 2015 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 Total Pay terms net 30 days Invoice Address: 13,796.00 WIlvill City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tends and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. Ellsedge the Ciry of Ford Collins is exempt from sate and local nixes. Dor Exemption Number is 11. NON WAIVER. 98-Os502. Federal Excise Tax Exemption Crnifilme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to totems] Revenue, Drum , Cut.& (Ref Colorado Reused Statues 1973, Chapter 39-26, 114 (a). exercise any rights or remedies Provided Main or by law, failure to promptly notify she Seller in the event of a breach, the acceptance for payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to coed specifications, either when shipped or due to defects of any of the warrant ar obligations of this purchase order and sbull not b<diamnd a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereofor any of its rights or remedies ns to any such goads, ramedlcss instructions from the City of Pan Collins. of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any pruponed oral modification or rescission of this purchase order by the Purchaser operate u a waiver of my of the tenor Inspection. GOODS art subject a the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or amipment in overcome to this order, can result in IL ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is m be understood that FMAL Seller and the Purchaser recognine that in mrual economic practice, o ediarga occulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required impaction procedures. violations are 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 hereafter Freight Town. Shipments must be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, it. acquired under federal or state antitrust laws for such os'achuges relating to the particular goads or services obrenwiu specified on this owes, Upermission is given to prepay freight and charge se,ma ly, the original f igto purchased or acquired by the Produra d pursuant to this purchase order. bill must accompany invoice. Additional charges fir Packing will rut ba accepted. Shipment Distance. Where nasettle urers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments am made from greater di urnev. Permits. Seller shall procure at sellers is cost all ndesszry permits, certificates and licenses raryired by all applicable laws, regulations, odinancve and rules of the state, municipality, oratory or political subdivision where the work is performed, or required by any other duly demanded public Summary having junwhation over the work of vendor. Seller further agrees to hold the City or Fort Collins harmless from and against sll liability and loss incurred by them by reason of as interned or established violation of any such laws, ox,dwiwo, ordinances, roles and nquircments. Authoritarian. All panic to this contract agree Out file representatives are, in OwL horn fide and process full and complete suthonry m bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits a<Cap.. tw the terms and conditions surd herein set faith and any supplememary or additional teams and conJifions amexed hereto or incorporated herein by wfidence. Any additional or di from, terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCIIASING AGENT immediately if you cannot make complete shipment o arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performmce mum be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, ors more of partial lure deliveries, shall operate in a waiver of this provision. In the event of any delay, the Purchaser SIMI) have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reawfrzbly forneaable which are beyond in reasonable camel anJ without in fault of negligence, such acu of Gee, arc¢ ofcivil or military autlrontia, god mmmul priorities, fees, stokes, flood. epidemics, wars or hots providd Nat notice of the conditions causing such delay is given to the Purchased within fee (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 School ly lost by reason of the delay. d. WARRANTY. The Seller warrants that all goods, micles, materials and work covered by this order will mrdomr with applicable drawings, specifications, samples amNon ocher descriptions given, will be fit far the purymcs intended, and performed with the highest degree of care ad competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or experae which the Purchaser may suffer or incur on account ofthe Sellers breach of marmnty. The Seller shall replace, repair Or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within snub longer paned of time as may be prescribed by law or by the terns of my applicable waranty provided by the Seller after the date of acceptance of the goads famished bertuvder Immigance war to be unreasonably delayed), restating E. impe fled or defective work done or mamnars fished by the Seller. Acceptance or on, of goods by the Pumbasa shift cat constu e a waiver of any 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 wimanties or Summers, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal team by wdinen change over. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from me 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 wfperfomrana hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchased may at any time by written change order, terminate this agreemem in to any or all portions of the goods On not shipped, subject to any equitable w1justment between the ponies as to any work m materials then in progress Provided Oat the Purchaser shall nut be liable for my claims for anticipated prefix on the uncompleted portion ofthe guests andtar work, for incidental or motormantial damages, and that no such adjusment be made in furor ofthe Seller with aspect to my goods which are the Sellers smndam stork. No such turear a6on shall relieve the Purchaser ar the Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim err adjustment mast ba asserted wilhin thirty (30) dap from the data the cheap or tcnumatim is ordered. S. COMPLIANCE WITH LAW. The Seller wnnants flat all goods sold hereunder shall have been produced, sold delivered and fumuhed in stria compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents as may be required to effect ar 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 ruminator haamlen fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hemunded without the prior written consent of the other pray. I O. TITLE. The Seller warmnm fall, clear and unrestricted title to the Pucb odor for all equipment maarims, and items fumishd in reformism of this agaeradd. fee add clear of my and all liens, restrictions, reservations, security interest mcumbances and claims ofothce, Id. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancel 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 cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all cans associated with such work. The Seller shall eleae the pardoner and its contractors of my tier from all liability and claims of any suture ramring from the performance of sach work. This release shall apply even in the event of fault of negligence of the party relented and shall extend to the Outdoes, officers and anplayees of such party. The Seller's contractual obligations, including wareaaty, shall not c denied to ho ordered. in my way, bmause such work is performed or caused to be performed by the Puchaws. 14. PAT ENTS. 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 harmless the Purchaser from any and all claims for inGandow, by reason of the use of such patented design, device. material or process in correction with the contract, and Shall maturity rrity the Purehner for my eos4 expense or damage which it may u obliged to pay by maven of such infringement at my time during the penetration or after the completion of file work. In case said equipment, or any pm thereof or the intended use of the goods, is in such suit held to canitiute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchow, the right to caminue using said argument m an, replace the same with substantially equal bar noninfnnging equipment, or modify it so it becomes nownfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the henefit of million, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the c Pv hase, without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be command under arm govamed by the laws of the Stare of(jolearma, USA. The following Additional Conditions apply only in reun where the Seller is to perform work heder, including the services of Sellers Represemdive(s), on thecases premises archers, 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, deswction or injury to the work and/or materials before Sellers fell completion and acceptance, complete the work at Selle s own expense and to the wdsfadian of the Purchaser. Whm mmmals and equipment are famished by others for installation or creation by the Seller, the Seller shall receive, rmlond, sane and handle same at the site and became responsible therefor n though such materials awl equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymei of waders compensation, including occupafional disease benefits, to its employees employed on or in connexion wish the work covered by this purchase order, Manor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller Shall also carry comprehensive general liability including, but not limited m, contracrml and automobile public liability insurance with bodily injury Mnd death limits arm least Sadmaml for any one person, $500.000 for any one accident and property damage limit Per accident or S400,000. The Seller shall likewise require his contractors, army, to provide for such rompers lion and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fourth the Portland with a cenifirom that such compensation end ins mwe have ban provided. Such certificates shall specify the dam when such compensation and insurance base been provided. Such cenifcutw shall specify the date when such compensation and imuamove expires. The Seller agrees that such roupir avow and insurama shall be rnainmined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes doe entire responsibility and liability far my and ell damage, loss or injury ofany kind or nature whomever to persons or property coused by or resulting from the execution tribe 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 my and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether in persons or property to which the Purchase may ba put or salads by aaxn of my act, action, weglat, omission or default on doe par of da S411ew my of his omrrelors, or my of the Sellers in examines affccis, agents or employees. In case my suit or other proceedings shall be but against the Pam eread, or its officers, agents or employees at any time an accoms or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of in or their officers, agents or employees as momm id, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, runways fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such wits or other pexaedi p, and in case jdgmenr or other lira ho placed upon or obtained apirmt the Property of the Purchases, or said parties in or as a result of such suits or other proceeding, the Seller will at once coax Ile Same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all Safety precautions, famish and instal all guards necessary for the prevention of accidents, comply with all laws and mplatiorss with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 aW all rules and regulation issued pursuant theme. Revised 012014