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HomeMy WebLinkAbout481078 BRINKMAN CONSTRUCTION INC - PURCHASE ORDER - 9161490Fort Collins Date: 03/03/2016 PURCHASE ORDER Vendor: 481078 BRINKMAN CONSTRUCTION INC 3528 PRECISION DR SUITE 100 FORT COLLINS CO 80528 PO Number Page 9161490 1o12 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 03/03/2016 Buyer: ELLIOT DALE Note: This purchase order is subject to the terms and condition of the Agreement #7637 between Poudre Fire Authority (PFA) and Brinkman Construction Inc. effective July 15, 2014 and Work Order No. 08, Poudre Fire Station #8 Timnath, CO dated February 18, 2016 attached hereto. Line Description Quantity UOM Unit Price Extended Ordered Price i Sta 8 Construction Encumbrance 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 4,230,285.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com 1111MI9111iilf}i uC3'bii SW[Its tr_ Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local macs. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 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, Deaver, Colorado (Rell Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise my rights or remedies provided herein or by law, failure to promptly runty the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntin or obligations of this purchase order and shall not be deemed a waiver of any right of the darnage in transit, may be returned to you for credit and are not to be replaced except upon receipt of a rinen purchaser to insist upon sma perbemame hereof or my of its rights or remedies as in my such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, m to my prior or subsequent default hereunder, rum shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the rums Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in wool economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations an: 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 my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fart Collins, 700 Wood St., Fort Collins, CO 80522. =less acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specifal on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pura=nt to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the ncamI distribution point to destination, and excess freight will be deducted from Invoice whm shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary remains, cenificatm and licenses required by all applicable laws, regulations, ordinances and rules of the alone, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins hmmles, from and against all liability and loss incurred by them by recall of an assmed or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this Contract agree that the representatives are, in fact been fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Oder expressly limits acceptance m the terms and conditions stated herein set forth and my supplementary or additional ems and conditions annexed hereto or incorporated herein by reference. Any additional or different terns, and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou envier make complete shipment to arrive on you promised delivery date as acted. Time is of the essence. Delivery and performance must be effected within the time muted on the purchase order and the documents anxhed hereto. No acts of the Purchasers including, without limitation. acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purellwa shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seger shall not be liable for damages as a mull of delays due to causes not reasonably fomeeable which art beyond its reasonable control and without is fault of negligence, such acts of God, acts of civil or military authorities, govemmenul priorities, fires, strikes, food, epidemics, wars or non 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 date of delivery shall be extended for the period equal to the time =easily lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fin for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar assure. The Sella agrees to hold the purchase ham Ives from my loss, damage or expemw which the Purchaser may sufferer incur on account of nine Sellers breach of warranty. The Sellershall replace. repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of rime as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unr®wnably delayed), resulting from imperfect or defective work done m malmals famished by the Sella. Acceptance or um of goods by the Purchaser shall not consulate a waiver army claim under this wintery. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately Caused by the breach army of the foregoing warranties or gra rmums, but such liability shall in no event include less of profis or less of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purhmer may make changes to legal terms by return charge order. S. CHANGES IN COMMERCIAL TERMS. The Puchuaa may make my changes m the macs, other twin legal terns, including addiriors w a deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the blue of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser cony at any time by wrimen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the patties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of de goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such ulutination shall relieve the Purchaser or the Sella of my of their obligations m to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is ordered 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict comphame with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents a, may be required to effect a evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the purchaser harmless from all costs and damages suffered by the Purchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall auign, transfa, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of my and all liens, restrictions, mmations, security interest encumbrances and claims of others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Salta 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 muse the work to be performed by the most expeditious means available to it, and the Seller shall pay all Casts associated with such work. The Sella shall release the Purchaser and its Contamors of my tier from all liability and claims of my mare resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the perry released and shall extend to the directors, officers and employees of such panty. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Pumhasa. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by later, patent trademark or copyright. the Seller shall indemnify and save homeless the Purchaser from any and a0 claims for infringement by mason of the use of such patented design, device, material or process in Casuarina with 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 prosecution or after die completion of the work. In case said equipment, or any pm thereof m the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipment or part is evjoined, the Seiler shall, at its own expense =d at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tears used or die interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Parana work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work m Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident destruction or injury to the work and/or materials before Sellers foal Completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by odors for installation or erection by the Sella, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/= equipment were bring furnished 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 benefs, 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 also carry comprehensive general liability including, but not limited to, contractml and automobile public liability insurance with bodily injury and death limits of at least $300,000 for my am persoq 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his claimants, if any, m provide far such compensation and insurance. Before my of the Sellers a his contractors employees shall do my work upon de promises of others, the Sella shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date whorl such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and instance shall be maintained until after the entire work is completed and accepted, 19. PROTECTTON AGAINST ACCIDENTS AND DAMAGES, The Sella hereby assumes the =tire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property mused 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 my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of my act action, neglect omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contrmmrs officers, agents or employees. In case my suit or other praccahngs shall be brought against the Purchaser, or its effects, agents or employes at my time on wcoant or by reason of my act action, neglect. omission or default of the Seller of my of his contractors or my of is or their officers, agents or employees as uforcvaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all toss, charges, anomeys fees and other expenses, my and all judgmens that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such sums or other proceedings. and in case judgment or other Gan be placed upon or obtained against the property of the Purchaser, or said panics in or as a mull of such suit; ar other proceedings, the Seller will at once Cause the same to be dissolved and discharged by giving bond a otherwise. The Sella and his conrmemas shall take all safety precautions, famish and install all guards necessary far the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0312010