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HomeMy WebLinkAbout101127 4-K PAINTING & DRYWALL INC - PURCHASE ORDER - 9145962PO PURCHASE ORDER 914596er Page City of PURCHASE 9145962 1 of 3 ' `t Collins Ins This number must appear ` v ` on all invoices, packing sli s and labels. Date: 10/14/2014 Vendor: 101127 Ship To: ELECTRIC UTILITIES 4-K PAINTING & DRYWALL INC CITY OF FORT COLLINS 3121 KINTZLEY CT UNIT G 700 WOOD ST LAPORTE CO 80535 FORT COLLINS CO 80521 Delivery Date: 10/14/2014 Buyer: DOUG CLAPP N ote: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Provide labor & materials to 1 LOT LS 678.00 repair damaged sheetrock as needed, match existing texture, and prime all repairs s Provide labor & materials to 1 LOT LS 6,127.00 paint all walls & hard ceiling 3 Provide labor & materials to 1 LOT LS 1,022.00 repair damaged walls & repaint added rooms: hall 109, rooms 117, 118, 119 and break room 107 4 Provide labor & materials to 1 LOT LS 1,743.00 paint & patch @ 200 W Mtn 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9145962 2o13 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5 Provide labor & materials for N. bathrooms, breakroom cabinets, new wall in IT room and patch and paint 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 15,548.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCW.DEfAI1S. Tax exemptions. By statue the City of Too Collins is exempt ran stale and meal faxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84.60O0589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the emu and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights Or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS RD ECI'ED due to failure to meet sp,or iced ors, either he, shippal or due IT defects of my of the wmmatres or obligations of this purchase order and shall not be deemed a waiver Tracy right of the Manage in transit, may be returned to you for credit and are not ht be replaced except upon receipt of water purchasena insist upon strict perlmmance herenfor any of its rights or remedies as to any such goods, regardless immuc um, from the City of Fiat Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral mach (when or rescission of This purclux order by the Purchaser operate as a waiver of any of the temp Inspection GOODS are subject to the City of Fort Collie inspection on scandal, here.(. Final Acceptance. Receipt of the merchandise, se or equiprout in oupotue to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. - authoria d payment To the pan of the City of Fon Collins. Hovey, it is m h understood that FINAL Seller nod the Purchaser recognize Out in actual atomism, practice, averchaBes resulting ran output ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Puchaser. Theramfore nfor good cause and as consideration for executing this purehase order, the Seller hereby assigm to the Purchases soy and all claims it may now have or hereafter Freight Teons. Shipments must be F.O.B., City of Fon Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overchsgea relining 1. the panicula goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchoxd or acquired by the Purchaser pursuant to this purchase order bit must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI JAS12RS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mnutheWrers have distributing points in us panw s of the arty, shipmem is If be Purchaser directs the Seller to correct nonconforming or defective gent by a date to be agreed upon by the expected from the nearest distribution paint to destination, and excess freight will b, deducted from Invoice when Purchaser and the Seller, and But Seller thereafter indicates its nubility or unwillingness to comply. the Purchaser shipments are made from order distance. may cause the work to h performed by the most expeditious means available to it, and the Seller shall pay all cods associated with such work. Pemtio. Seller shall OTocue at sellers sole cost ail accessary permits, eertifraln and license required by all applicable laws, regulations, oNin him, and rules of the stale, anamei,lily, territory or political subdivision where The work is performed, or required by any other duly combined public authority having jurisdiction over the work of vendor, Seller further agrees to hold the City of Too Collins h nmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and requimaremu. Amhmi,lumn. All ponies ht flux uhutnet agree that the reprosenmtives are, in Let, bona fide and possess full and .mplete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fort and any supplementary or additional mete and conditions annexed beretd or incorporated herein by inference. Any additional or differem I. and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to aide on your promised delivery date as noted Time is of the assmce. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without IintimOim, acceptance of primal late deliveries, shall operate as a waives ofthis provision. In the mint of any delay, the Purchaser shall have, in addition to other legal and equitable xutedies, the option of placing this order elsewhere and holding the Seller liable for damages I however, the Seller shall not be liable for damages ns a result (if delays due to causes not reasonably lareseable which are beyond its reasonable control and without its dual I of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Hand, epidemics, wars or riots provided that notice of the condition, causing such delay is given to the Purchase within five (5) days of the at. wban the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be, estimated for the period equal to the time actually lost by reason Tribe 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 offer descnptions given, will be, fit for the purposes intended, and performed with the highest degree of care and Temperance in accordance with accepted standards for work of a imilar nature. The Seller agrees 1. hold he purchaser boarders from any loss, damage or expense which the Pumh,wc, may.arr I, intur airmod of the Sellers breach of w.remty. The Seller shall replac repair make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller alter the date of acceptance of the goods Emitted hereunder (acceptance not to be, rommarrably delayed), resulting from imperfect or defective work dine or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not ounime a waiver of any claim under this warraty. Except as otherwise provided in this pumhax order, the Sellers liability hereunder shall extend to all damages p rvimmely caused by the branch of any of the foregoing warranties or guatamtts, but such liability shall in no event include loss ofp.fi,a or lass 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 to., by wriacn change enter. 5. Cl IANGES IN COMMERCIAL PERMS. The Purchaser may make by changes to the terms, other than legal terms, including additions to or deletions ran the quantities originally ordered in the specifications or drawings, by verbal or written change under, If any such change offers the amount due or the time ofperformace hereandn, an equitable adjustment shall h made. 6. TERMINATIONS. The Purchaser may at any time by written chauge rude, terminate this agmemem as to any or ell portions of the goods then not shipped, subject to any equitable adjustment between The pvriew as to any work or materials Then in progress provided mat die Purelmom shall not be liable for any claims for amicipmM plums on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with rnpect to any grads which ace the Sellers, standard stock. No such termmatmn shall relieve are Pnrchaer or the Salle, .1'in,y of their obligations an as to y sued el dal hereunder. Z CLAIMS FOR ADJUSTM 17N'1. Any claim for adjustment must be azamed within thirty (30) days rm The date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all goads sold hereunder shall have been produced, sold, delivered and famished in mail compliance win all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such document as may h acquired to effect or 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 Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Ina. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor wriaen consent of the other party. 10. TITLE. The Seller warrurd full, clear and unrestricted title in The Purchaser for all equipment, material, and items f ished n ponfid n of this agreement, free and clear of any and all liens, resanction,, reansmit...... my inscon, encumbrances and claims ofathers. The Seller shall Talcum the Purchase and its emonamrs of any tier from all liability and claims of any mature resulting ran the peffortnanre ofsuch work. This release shall apply ... in the event of fault of negligence of the party released and shall extend to the directors, ofioers and employees ofsuch party. no Seller's Tantamunt obligations, including warranty, shall not be deemed to be reduced, in any way, biomass such work is perform ul or ourri to be perfor nod by the Purchaser- 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by least, patent, trademark or copyright, the Serer shall indemnify and save harmless the Purchaser from any and all claims for inftngemem by reason of the use of such peened design, devicq material or p.. in wnnertion with the contac, and shall indemnify the Purchaser for any cast, e.,. or damage which it tTiny the, obliged to pay by reason of such infringement at any time during The prosecution or under the completion of the work. In cad said equipmem, or any pan thereof., the intended use of the goods, is in such suit had to continue infdngemem and the use of said equipment or Pao is enjoined, the Seller shall, at its I. expense and at its option, either procure for the Purchaser the right m continue using said equipment or pans, replace the same with substantially equal but noninfringiog equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become Insolvent or bankrupt. make an assignment for the benefit of creditor, appoint a anceiVio or trustee for any of The Sellers property or business, this order may forthwith to, canceled by the Purchaser without liability. if. GOVERNING LAW. The defnitions of ta. used or the intn,mmtion.fine agreement and the Tights .fall ponies hereunder shall be, construed under and governed by the laws of the Sue of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herhade, including the services rf Sellers Ramosemarive(s9, nn the premises ofethcrs. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until The same is fully completed and accepted, and shall, in x of any accident, destruction or injury to the work andlar materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. when materials am equipment art famished by others for foundation or erection by The Seiler, the Seller shall receive, unload, some and hmkle same at The sue and become rn,mosible therefor as though such materials -Nor equipment were being famished by The Sella under the order. 18. INSURANCE. The Seller shall, .1 his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in concertina with the work covered by this purchase order, and/or to tfa it dependents in ac hadace with the laws of the slate in which the work is to be done. The Seller shall also carry comprehensive general liability Including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of al least $300.000 for any one person, 55O0,OW for any one accident and property damage limit per accident of SU)0,000. The Seller shall likewise require his contractors, if ary, to provide for such compensation aced insurance. Before any of the Sellers or his contractors employees dull do any werx upon The premise of others, the Seller shall furnish the Puaha tar will a certificate That such wmlensa,am and insurance have hen provided. Such eenificatex shall specify the date whin such compensation and insurance have been provided. Such certificatrs shall specify The dam when such compensation and insurance expires. The Seller sync. fair such owd,nsauon end imumme shall b, mamemed until after the entire work is completed and accepted. 19. NIGH ITCT'ION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire owponaibil ity and limilby for any and all damage, loss or injury of any kind or hot n a ishttxever to persons rr property caused by or resulting tram the cadmitinn of the 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 rRcers, can and employees Oom and against any and all claims, Iossde, 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 any act, action, nettled, omission or default on the pan of the Seller, any of his contractors, or any of The Sellers or .... oMe., agents or employers. In ease any suit or offer pmcendings shall he brought against the Purchase, or its officers, agent or employees at any time on account in by reason of any TO, action, neglect omission or default of The Seller of any of his contactors or any of its or their oRcet, agents or employees as i f.resmid, the Seller hereby agrees to assume The defense Thereof and to defend the sane at the Sellers own expense, to pay any and all watt, charges, atomcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of in or their effect, agent or employees in such suit or other proceedings, and in case judgment or other lien h placed upon or obtained against he property Tf the Purchaser, or said panics in or as a result of such suits or other pmeaedinge, the Seller will at once cause the same to b, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prwautima, famish and metall all gumd necessary for the prevention If 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 rules and regulations issued pursuant Theme. Revised 07nO14