Loading...
HomeMy WebLinkAbout101127 4-K PAINTING & DRYWALL INC - PURCHASE ORDER - 9136897Fort Collins Date: 03/17/2014 PURCHASE ORDER PO Number Page 9136897 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 101127 Ship To: OPERATIONS SERVICES 4-K PAINTING & DRYWALL INC CITY OF FORT COLLINS 2900 GALWAY DR 300 Laporte Avenue LAPORTE CO 80535-9332 Building B FORT COLLINS CO 80521 Delivery Date: 12/27/2013 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price i FCPAN remodel 1 LOT LS 12,043.00 Demolition, framing, drywall and painting services to remodel and finish basement space for FCPAN studio. reference quote dated 1-27-14 -Hallway - $1,538.00 -Hallway Parition wall - $987.00 -Hallway Ceiling - $825.00 + $387.00 -Lobby/Control/Editing Room - $ 258.00 + $400.00 -Control/Editing Room Wall - $3.255.00 -Control/Editing Center- $498.00 -Paint - $3,895.00 total - $12,043.00 Contact: Chad Mapp 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:purchasingQafcgov.com Total 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. COMMERCW DETAILS. Tax exemptions. By starred the City of Fan Collins is exempt farm sate and local acres. Our Exemption Number u 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-600R587 is registered wish the Collector of Interact Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or doom defects of damage in transit, may be reamed in you for credit and are not m be replaced except upon receipt of wane. inswctions from the City of Fon Call ins. hupection. GOODS are subject m the City of ran Collins impection on mor al. Final Accepanee. R cipt of the merchandise, services or equipment in response to this oNer can mull in authorities] payment as the pert of the City of Fiat Collins. Howevea it is to be tmdersaod the FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedum. Freight Terms. Shipments mat be FOB,, City of Fall Collins, Tao Wad St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge sepaately,'he ori,iaal freight bill mat accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacterers have distributing paints in varrions pans of the country, shipment is expected from the neamt distribution point m desti.tion, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. 11. NON WAIVER. Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of o breach the acceptance ofor payment for goods hereunder or apparent affl a design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon starer performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any pur,aned oral modification or «scission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller ad the Purchaser recognize that in mmal ttoa.. pass ice, oes chmgea malting fiotn -rums, violations are in fact home by the forehand. Thereof ere, for good cause ad. coraidemtion for executing this purchase Older, the Seller hereby assign, to the Purchaser any and all claims it may now have or hereafter acquired under federal or was words l laws for such overcharges relaying to the ponierh r goods or services purchased or acquired by the Purchaser purswent to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the 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 cause the work to h performed by the most expeditions means available m it, and the Sella shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cal all necessary pennies, adificares and licenses deferred by all applicable laws, regulation,, oNinimax and mles of the sans, municipality, magm, or political subdivision when the work is performed, or acquired by any other duly caatimted public a dhoary having jurisdiction aver the work of vendor. Seller fiuther agrees to hold he City of Too Collins handless from and against all liability and Ids incurred by them by Tama of as .,and or established violation of any such laws, regnl.d.as, addition., ales and requirements. Aulhonzmion. All ponies as this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limier aeaplaw, ro the Ten. and condiloce, said herein set fnh and any supplementary or militated terra and conditions annexed hereto or incorporated herein by re@rence. Any additional or diRerem to. ark mndidom proposed by sells are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carrot make dmplae shipment to mane on year promised delney dine. noted. Time is ofthe aveoce. Delivery and performance mat he eR'emd within the time stated on the purchase order and the documents attached hereto. No aces of the Purchasers including, without limiatam, acceptance of,mad late deliveries, shall operate. a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal ad e,.liable remedies, the option mplacing this order elsewhere and holding the Sella liable for damages. However, the Seller shall at be liable far damages as a Twat, of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofG.d, ads ofelvid or mihary authentic,, gavenwenal priorities, rim. makes, Rod, epidemics, wan or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the lime when the Seller first received knowledge thereof In the event of any such delay, Ole date of delivery shall be, exrmded fur the add .or ..,he time actually Ice by lemon of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, mutual, and wad covered by this order will conform with applicable drawings, spedfirmanss, samples and/or other daaVpOon, given, will be fit for the papaw intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a mils nature. The Seller agrees to hold the purchaser harmless from any loss, damage ar expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, rem it or make gavel, without cost to the parckifer, any defects or faults arising within one (I) year or within such longer period of time. may be pmcdbd by law or by the teats army applicable summary provided by the Seller after the date of acceptance of the goods fumisbed hereunder (ascription, not to be unreasonably delayed), resulting from imperfect or defective weak done or nmeuals f ished by the Sella. Acceptance or tau of goods by the Parchater shall not constitute a waiver of any claim under this c mpany, Except as or anawise provided to this purchase oNer the Sellers liability hereunder shall extend In all damages proximately caused by the branch of any of the foregoing warranties or guarantees, bur such liability shoal in no event include loss ofprofs or loss ofmo NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purch.a may make any changes to the terms, other than legal atom, including additions ro or deletions fmm the quantities originally ordered in the specifications or d-wing, by verbal or wnnen change order. If any such change affects the amount due or the lime of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Parchma may or any time by women change esker, Windows Nis mgteemem as to any or all yard was of the goods then not shipped, subject to any equitable adjustment between the trades 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 afire goods and/or walk, for incidental w consequential damages, and Nat no such ad varrem be made in luvor of the Seller with respect to any goods which are the Sellers standard stock. No such lemimlien shall relieve the Purchmer or the Seller of any oftheir obligations as w any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat be warrand within thirty (30) days from the date the change or termination is adhered 8. COMPLIANCE W ITH LA W. The Seller wallows that ell goods sold herewder shall have been pWined, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods art subjet. The Sella stall execute aM deliver such documents as may be required to effect or ca dame compliance. All laws and regulation required to be ncmpoafed in agreements of this diameter me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all casts and damages suffered by the Purchaser as a cult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall cosign, tramfcq or convey this oka, or any monies due or to biome due hereunder without the poor written cement ofthe oNer patty. 10. TITLE. The Sella wamm¢ fall, clear aM warm acted tide a the Purchaser for all equipment, matenals, ark items famished in pie f area of this agreement fees and clear Of any and all liens, mtr omens, rnsavalims, only intense encuminances and clams of.dars. The Seller shall release the Purchaser and its contractors of my ricer fmm all liability and claims of any mtaa ,omhk, fmm the pert tt ofsuch wad. This release shall apply Been in the event of fault of negligence of the may relemed and shall extend to the directors, oRlan, and employees ofsuch parry. The Sellers contractual obligations, including warranty, skill not be doomed to he reduced, in any way, became such work is performed or caused at be performed by the Purchaser. 14. PATENTS. M'bermer the Seller is required to use any design device material or process covered by letter, parent, trademark r copyright, the Seller shall awkwa ify and save harmless the Purchaser from any and all claims for infongemenr by reason of the tau of such patented design, device, material or process in connection with the contact, and skill indemnify the Puah..eer far any cost expense m damage which it may he obliged m pay by reason of such infringement many time doing the actuarial or after the crimple ion of the work. In eau said aptipmen, err any pan thereof or the intended me of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue min, said equipment or pats, replace the same with substantially equal but aoninfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the brief of creditors, appoint e Or trams for any of the Sellers property at business, this oNer may forthwith he canceled by the Puchmer without liability. 16. GOVERNING LAW. The defnilion, of team usd or the intemmation offs a,reemmr and the rights oral parties hereuaker shall be wmtmed under ark g...mod by the laws of the Sure ofC.1o.d., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder .eluding the services of Sellers Representutive(s), on the premises of others. IT. SELLERS RESPONSIBILITY. The Sella shall way on said work at Seller's own risk until the same is fully completed and accepted, and shall, in rise of any accident, destruction or injury to the work aadtar natenals before Sellers fwl completion and acceptance, eomDlae the work at Sellers own expense and to the satisfaction of the Purchaser. When marenals and equipment art furnished by others fur installation or erectiw by Be Sella, the Sella shall receive, unload, store ask handle same at the site and become .,.this therefor . theal such mateoals anNx eq.ipmeal were being Irradiated by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of waders compensation, including occupational disease benefits, m its emplayees employed on ar 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 m be done. The Seller shall also any comprehensive general liability including, but not limited to, contractual and automobile public liabilit, imunnce with bodily injury and death limits of at leazt S300.000 for any one person $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such comW ssation and insurance. Before any of dz Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser, with a sagificate oat such compen,ation end income, have been provided. Such marine- shall spxify the dire when such compensation and insurance have hen provided. Such xsfifdres shall specify the date when such compaaotion and insurance expim. The Seller agrees that such compensation and mono nce shall be mainmind will after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire do,anobil iry and liability for any and all dama,e, loss or injury of any kind or nature whatsoever to persons or properly caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold kimless the Purchaser and any or all of the Purchasers officers, agents and employees them and against any and all claims, losses, damages, cloaca or expenses, whether aired or indirect and whether a Persons or property to which the Purchaser may be put or subject by rc.oa of any art action, mvind, omission an default on the pan of the Sella, any of his contractual, or any of the Sellers or contractors officers, agents or employers. In caa any suit or oNer proceedings shall be brough against the PumM1ma, or its officers, agents an employees al any Yule on account a by reamal of any act, action, neglect omission or default of the Sella of any of his contractors in any of its or Neil officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend are same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Parchass r or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained agaimt the property of the Purchmer, or said parries in or as a cult of such suits or other proceedings, the Sella will at once wvu tare same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guaNs accessary fur the pmentioa of accidents, comply with all Inex and regulations with regard in safety including, but without Iimiestion, the Occupationg Safely and Health Act of 1920 and all ales and regulation issued pursuant thereat. Revised 03R010