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HomeMy WebLinkAbout101127 4-K PAINTING & DRYWALL INC - PURCHASE ORDER - 9141919Fort Collins Dater 04/04/2014 Vendor: 101127 4-K PAINTING & DRYWALL INC 2900 GALWAY DR LAPORTE CO 80535-9332 PURCHASE ORDER PO Number Page 9141919 left This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 04/04/2014 Buyer: DOUG CLAPP Note: quote/annaul contract Line Description Quantity UOM Unit Price Extended Ordered Price 281 N College -Drywall Work 1 LOT LS 4,976.00 Restrooms 2 281 N College -Drywall Work 1 LOT LS 7,464.00 Restrooms 3 281 N College -Drywall Work 1 LOT LS 4,976.00 Restrooms contact James Warren 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.mm 16.00 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. COMMERCIALDETAILS. Tax exemptions. By statum the City of Fon Collins is exempt farm Structural local rues. Our Exemption Number is I I. NONWAIVER. 98 W 5@. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of Failure of the Parchatu r to insist upon stnet porkarmance of the terms and conditions hereof. failure or delay ro Interml Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-36, 114 (a)m exercise any rights or rorrex ies provided herein or by law, failure to promptly notify the Sella in the event of a breach, me ecceptmce ofor paymmt far goad hereunder ar approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECIED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligation, of this purchase order sed shall not he deemed a waiver of any right of the damage in mn,it may be resumed to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict Perfmmrce hmOfor any I its rights or remedies m m any such good, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prim or subsequent default herewdtt, nor shall any pttryoned oral Modification or rescission of this purchase order by the Purchaser operate as a waiver of any of fe toms Inspection. GOODS art subject o the City of Fan Collins inspection on arrival. firearm Final Acceptance. Receipt of use merchandise, services or equipment in mpome to this coder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autlmrined payment on fie pan of the Ciry of Pon Collins. However, it is to W understand fat FINAL Sella and the Parchut mogniw that in actual mmmmle practice. overcharges resulting from mtiumt ACCEPTANCE u dependent upon Completion craft applicable required inpection procedures. violations are in fact home by the Purchaser. Thereto( , for good close and u comidention far executing this purchase order, the Seller hereby assign, to do, Purchaser any and all claims it may now, have in hereafter Freight Tema. Shipments mart be EOM, City of Fan Collim, 700 Wood SL, Fort Collins, CO 80522, unless acquiml miler federal Or scam it., lax, for Such overcharges mlating to the particular goods or servii otherwise specified on this order. if permission is given to prepay freight and charge Sepanmly, fie ongirSl fieight purchased or acquired by the Purchaser pursuant no this purchase order. bill most accompany invoice. Additional charges for pwking will Cost be accepted. IJ. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment manufacturers have distributing points in venom prub of the country, by a date m Co mplyed upon by the dafenty dints Na Seller to correct nommusficamg IfdrNoce voice when mt distribution polar to datimtion, and excess freight will be deducted farm Invoice wM1cn irmm a motion destination, expected from the is in ugoods s Purchaser end the Seller, and the Seller themfter indicates its Mobility Or unwillingness a wmpll the Purchasr i and d Shipments are made from garter distance. from may.use the work to ch performed by the most expeditious means available a it, and the Seller shall pay all Costs usmiated with such work. Permits. Seller shall prorocure at sellers sole cart ell necessary pemits, cenifams and littnles mTuitM all or political subdivision whom laws, regulations, and rules scale municipality, territory w The Seller stall release Nc and its contractors of any tier farm all liability and claims of any nature me workapplictiblei duly buying meworkis performed, or required by a etherduly Fanniuted public authority gainsall jurisdiction the work a ot'suer mulling fromthe perfommma ofsuch work. greharry and of vendor. Sella furtherari agree to hold the City of Fan Collins harmless Item and against all liability and loss ncurred by them by reason of oo assured or established violation of any such laws, regulations, ordinances, roles This release shall apply even in the event of fault of negligence of the parry released and shall extend in Ne end mluirements, directors, officers and employers ofsuch pony. Authorization. All parties 1. this contract agree that the representatives are, in fact, bona fide and possess full and The Sellers contractual obligations, including warranty, shall not be dermal to be reduced, in any way, because complete authority to bind said pani, such work u performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits accepance a the terns and conditions stared herein set forth and any supplarri or additional (citrus and conditions annexed hereto or incorporated herein by reference. Any additional or different tams and erudition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCI ASING AGENT imnuediatdy if you cannot make complete shipment to arrive on yam promised delivery duce as noted, Time is of the essa ce. Delivery and performance must be effected within the time stated on the purchase onto, and he documents st achel herd.. No vets of the Purchasers including without limitation, acceptance ofproal late deliveries, shall operate as a waiver of this provision. In the event of any delay, the P... base, shall have, in Wd'auer to other legal and equitable remedies, the option of placing this coder e[sino ear and holding the Seller liable fir damages. However, the Seller shall not be liable fo'r damages as a result of delays due to causes not easonably foresmable which sere beyond its reasotmble control and without its fault of im ligmee, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of fie conditions causing such delay is given 1a the Purchaser within Eve (5) days of the time when the Seller fits received knowledge thereof. In me even, if any such delay, the dam of delivery shall be extended for the paid all to the time actual ly lost by reason of the delay. 3. WARRANTY. The Sella warrants that all gtwds, .aides, materials and work covered by this order will conform with applicable drawings, specification,, samples andtor other dacriptiou given, will be fit for the purposes Conceded, and Performed with the highest degra of are and competence in accordance with accepted standard for wont of a similar metre. The Seller agrees to hold the purclmser hamtless from Say loss, damage or expense which the Puchmwr may suffer or incur on account of the Sellers breach ofwmrenty. The Sella shall replace, repair Or make good, without can to fie purehosem any defects or faults ansing within one (1) year Or within such longer pmnd of time as may be prescdhed by law or by the Tans Crony applicable warranty provided by the, Seller after the daze of acceptance of the good fumida d hereunder (acceptance not to be u acaron bly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not Connirate a waiver of any claim under this warranty. Except u oNmvise provided in this purchase order, the Sellers liability hrrmndcr shall extend to all damages proximately aimed by the breach of any of the foregoing wammies in guarantees, but such liability shall in no emal include lass of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Pumhua may make changes to legal tears by semen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purcham may make any changes to the team, order Jun legal l rim, including addition, 10 Or delao es form the quantities mr,rally oMemo in the sped fiatiom or drawings, by act ord or written change order. If any such Change afleas the amount due or the rime ofpcirfomtance hereunder, an aluiable adjustment shall be made. 6.TERMINATIONS. The Purchase may at any time by written change order, taminam this agreement u m any or all poniom of the good then not shipped, subject to any equitable adjustment between the parties m to any work or mamris6 that in progress provided that the Pumhaer shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods ankor work, for incidental or consequential damages, and Nat no such ndjmtment be made in favor of the Sella with respect in any good which are the Sellers standard stock. No such termination shall relieve Me Purchaser or the Sella of any oflheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dale the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller variants that all goals sold hereunder shall have been pradoi sold, delivered and famished in smet compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents or may be required to effect or evidence compliance. All laws and regulations required m 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 costs and damages suffered by Me 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 any monies due or to become due hereunder without the prior written consent of the othe,'Cny. 10. TITLE. The Seller warrants full, clear and omesmcted title to the Purchaser for all equipment, materials, and it. famished in performance of this agra mcnt, free end Clem of nay and all liens, restrictions, mcrvauom, secudry interest mcumbrnrtca Lord claims ofathers. Iq. PATENTS. Wbearever the Seller is requital to use any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patemed design, device, material or process In cummc0on with he Contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such impingement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof ar the intended use of be Goods, is in such all held m constitute infringement and the use of said equipment or part is enjoined, the Seller shrill, v1 its own apersa end m its option, either procure for the Purchaser the right to continue using said equipment or puts, replace the same with substantially equal but noninpinging equipment, or modify it sit it becomes noninfringing. 15. INSOLVENCY. If fie Seller shall became insolvent or bankrupt, make an assignment far the benefit of creditors, appoint a or truster for any of the Sellers property or business, this Order may forthwith be canceled by the Purehuer without liability. 16. GOVERNING LAW. The definitions of terms used or the interprcation ofthe agreement and the rights of all ponies hereunder shall be Comtmed Linda and governed by the laws of the State orC.1canda, USA. The following Additional Conditions apply only in eases where the Sella is to pert work Iereunder, including the service of5cllcrs Rcprtuntativc(s), on the premiss afothers. 17. SELLERS RESPONSIBILITY. The Seller shall cant' on said work at Sellers own risk ..,it the same is fully amL and accepted, and shall, in use of any accident, danuction or injury to the Look Cal materials before Sellers fire) completion and accepana, mmplene the work at Sellers own expene and to the satisfaction of the fuchsia. When marermis and equipment are f ished by ethers far i etalstion or avelimn by the Sella, the Sella shall receive, unload, Stairs, and handle sane at the site and become msporsible therefor u though such materials anNor equipment were being Counted by Me Sella under the order. IS. INSURANCE. The Sella spill, at his own are., Provide for go paymmt of wmkent smattereaustrimi, including aver arional threes, benefits, to its employees employed on or in connection with use wok covered by this purchase order, andron to their dependents in acwNance with the lows of the state in which the work 6 to be done. The Seller SCSI[ also carry a mprebmsive gracal liability including, but non limited ro. Contractual and automobile public liability insurance with bodily injury and death limits of at last 5300,000 for any one person, $500,00o for any one accident and property damage limit per accident of 5000.000. The Seller shall likewise mluire his contractors, if any, Or provide for such compemation and imumce. Before any of the Sellers or his comments cmployeas shall do any wmrk upon fie premises of others, the Sella shall famish the PurcM1aser with a certificate Out such Compensation and i..CC have been provided. Such cenificata shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such Compensation and insurance expires The Seller agrees Chat such compensation and imurance shall be maintained until after the entire work is Completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rcsWnsibdity and liability far any end all damage, loss or injury of any kind or nacre whatsoever to persons or penny tossed by or resulting from the execution ofhe work provided for in this purchase orda or in connection herewith. The Seller will indemnify and hold hamtless the Pmcharor and any cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put of subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or 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 effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, allomeys fees and other expenses, any and all judgments that may It incurred by or obtained against the Purchaser or any 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 properly of the Purchaser, or said ponies in or as 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 Sella and his Contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, Comply with all laws and regulations with regard to safety including, but without limitation, the Occupatlowl Safety and Health Act of 1990 and all rules and regulations issued pursuant thereat. Revised OJROIo