HomeMy WebLinkAbout101127 4-K PAINTING & DRYWALL INC - PURCHASE ORDER - 9142008Fort Collins
Date: 04/08/2014
Vendor: 101127
4-K PAINTING & DRYWALL INC
2900 GALWAY DR
LAPORTE CO 80535-9332
PURCHASE ORDER
PO Number Page
9142008 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 04/08/2014 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Senior Center
Complete 2-hour fire wall
requirements in original
building, east wing, where
it is incomplete from
original construction.
Remove and replace ceiling
grid as required to perform
necessary work.
Prime and paint new wall
surfaces to match existing.
Contact: Mark Knoll
Dh# 970-556-2778
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
inl[ill 161
17,086.00
Total $17,086.00
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
L COMMERCIAL DETAILS.
Tax exemption. By scheme the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Re. Colorado Revised Staetes 1973, Chapter 39-26, 114 (a).
Goods R jcoted GOODS REIECTED due to failure m meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of earners
infedons from the City of Fon Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection as arrival.
11. NON WAIV ER.
Failure of the Purchaser to insist upon strict Performance of the terms and condition hereof, failure or delay to
exercise any rights or remedies provided here or by low, failure to promptly notify the Seller in the event of a
breach the acceptance of or paen ymt for goads hereunder or approval of the design, sha11 oat release the Seller of
any of the w'ananties or obligations of this purchase order and shall not M deemed a waiver of any right of the
purchaser to insist an strict perfomrvned hereof or my of its rights w remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pensioned
Did] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNM ENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting boom antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretoforetfor good cause and as conidemtion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipmaw ..at be FOB, City of Fart Collins, 700 Wood St, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission w given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional chances for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in n pans of the country, shipmem is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, cediGcates and licenses rryuirN by all
applicable laws, regulations, ordinances and roles of the state, municipality, mmmry or political subdivision where
the work is performed, or talented by any other duly contimted public authority havingjunsairtam over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ml.
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed heeoo or incorporated herein by
refrenee. Any additional or different team and condition proposed by seller are objected to and hereby rejmted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your
promised delivery date a$ noted. Time is of the essence. Delivery and performance must Ise effected within the lime
stated on the purchase order and the documents atacbed hereto. No ens 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 Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller $ball not W liable for damages as a result ofdelays
due to causes cal reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental prionties, Jones, strikes, Bard, epidemics, wars or
oats provided that notice of the condition causing such delay is given to the Pumbner within five (5) days of the
time what the Seller men received knowledge thereof In the event of any such delay, the date of ddiveY shall be
extended for the period egml m the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andm other descriptions given, will h fit for the purposes intended, and
performed with the highest degree of care aN competence in accordance with accepted standard for work of a
similar retire. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Parcbaser nay suffer or men on account of the Sellers breach of warranty The Seller shall replace, repair or make
good, without cost to the purchaser, any defects m farts raising within me (1) year or within such longer period of
time as may be prescribed by law or by the rem¢ ofaoy applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunto (acceptance not to be womanishly delayed), resulting from imperfect
or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase color, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmnties
or herrdntees, but such liability shall in raw event include loss ofpmfts an 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 In legal term by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the term, other Nan legal terms, including additi ns to or deletions from
the quantities originally ordered in the specifications or drawings, by var al or worm change order. If any such
change affects the amount due or the time ofBaparmance beeuder, an equitable adjustment shall be made.
6 TERMINATIONS.
The Purchaser may at any time by aviation clang, order, terminme this agreement w In any or all portion of the
good then not shipped subject to my ryuitable adjustment between the parties as to any wont or materials then in
progress provided that hie purchaser shall not he liable for any claim for anticipated profits on the uncompleted
portion of the good nnNm work, for residential we co quential damages, and that no such adjustment be made in
favor of the Seller with respect In my guardis which sure the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any ofntcir obligation is to my goods delivered barometer.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most W asserted within thirty (30) days fro the dose the change or termination is
md,red
I. COMPLIANCE WITH LAW
The Seller warnings that all good sold hereunder shall have been perused, sold, delivered and fumishN in se ict
compliznce with all applicable laws and regulation to which the goods ate subject. The Seller shall execute and
deliver such documents as may be rryuirN In effect or evidence compliance. All laws and regulation required to be
Incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify add hold the Puebase harmless fmm all costs and damages suffered by the Purchaser as a result of the
Sellers frman, to comply with such how.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, a my manias due or to become due hereunder without the
prior wainm must nfthe other party. _
10. TITLE.
The Seller warrants bill, clew and umadicred title no the purchaser for all equipment materials, and it. furnished
in performance of this agreement, frce and clew of my and all lien, reasonings. reservation, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the met expedioaus means available to it, and the Sella shall pay all
an. associated with such work.
The Seller shall release the Purchaser and its contractors of any tiff from all liability and claims of any, nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, oRcers and employees of inch party.
Ile Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in day way, lawnux
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Wt never the Sella is matched to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hannless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Pachuca 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 the completion of the work. In case said equipment ar
any pan thereof or the intended use of the gels, is in such suit held to constitute infringement and the use of
said ma ipment or pan u enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
marefiringing equipment w modify it eo it becomes noninfira ing.
15. INSOLVENCY.
If hie Seller shall become insolvent or bankrupt, make an assignment for the bcncfit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith he, canceled by the
Purchase without liability.
16. GOVERNING LAW.
The defiention ofterm used or the interpretation of the agreement and the rights of all parties hereunder shall be
comemed under and governed by the laws ofthe State ofColomda, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services ofSdIlers Regresenmtive(s), oa hie prmnises ofoders.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Setters own risk until the same is fully completed rid mmptd, and shall,
in case of any accident, dcang ion or injury to the work and/or materials before Seller final completing and
acceptance, complete the work an Sellers own expense and to the satisfaction of the Purchaser. When madenals
and equipment are f ished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such naddials maker cquipmmt
were being famished by the Seller under me order.
18. INSURANCE
The Seller shall, at his own "pave, provide for the Payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this puechas , order,
ardor to their dependents in accordance with the laws of me state in which the work is to be done. The Seller
shall also may comprehensive garenl liability including, but but limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one Amon, S500,000 for my
one accident and property damage limit per accident of S400,000. The Seller shall likewise remains his
comracmrs, if any, to provide for such mmpawtian and insunmce. Before my orthe Sellers or his contractors
employees shall do my work upon the premisa of others, the Seller shall famish me Purchaser with a certificate
that such compensztim and insurance have been provided. Such aftifcates shall speeify the date when such
omparation and insurance have been provided Such certificates shall specify the date what such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be mainmbrN until after the
entire work is completed sod accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES
Ind Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury ofany kind
or nature wha owca a person or property mused by or resulting frvm the execution of the work provided for in
this purchase order or in connection hcrewint. The Sella will indemnify grad hold harmless the Purchaser and my
cr all of the Purchasers oRcers, agents and employees fromand against any sad all claims, losses, damages.
harges or expenses, whether direct m indirect, and whether to person or property to which the Purchaser may
be at or subject by tca»n of my act, mfidq neglect, omission or default on the pan of the Seller any of his
ontradors, or my of the Sellers Or ontractors officers, agents or employees. In case my suit or other
proceedings shall be brought against hie Pen tagon, or its officers, agents or employees in my time on account m
by maven of my act, action, nigher, omission or default of the Seller of my of his contractors or my of its or
theh rMo.. agars a employees as aforesaid, the Seller hereby agrees to assume the defense thceof and to
defend the same in the Sellers own expense, to pay my and all casts, chargq attorneys foes and other expesse,r,
my and all judgments Oat may W incurred by or ob reed against the Purchaser, or my of its err their affiren.
agents or employar it such suits or other promalings, and in cue judgment or enter him be placed upon we
obtairud against the property of Ore Pentagon, or said parties in in ns a result ofsuch suits or other proceedings,
the Seller will at once or. the same to he direathd and discharged by giving hoed or otherwise. The Seller and
his con.a. shall take all mfery pmanumans, famish and install all cands gereaday for the peening of
accidents, comply with all laws and regulations with regard u mfery insclim ing, but without limitation, the
Occupational Safety and Heath Act of 1920 and all roles and regulations usual pursuant nteneto.
Revisal 03n010