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HomeMy WebLinkAbout101127 4-K PAINTING & DRYWALL INC - PURCHASE ORDER - 9150720Fort Collins Date: 01/3012015 Vendor: 101127 4-K PAINTING & DRYWALL INC 3121 KINTZLEY CT UNIT G LAPORTE CO 80535 PURCHASE ORDER PO Number Page 9150720 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/30/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 Blanket Order cover the cost of drywall work and associated services for fiscal year 2014. All services shall be ordered by City Facilities department only. All completed work must be accompanied by an invoice or job ticket including contact person and site location. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 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 Total 10,000.00 $1 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 tion5 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from store and local taxes. For Exemption Numbs is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Carifcam of Registry ga-600058i is registered with the Collator of Failure of the Purchase, m insist upon strict performance ofthe turner and conditions hemp( failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samres 1973, Chapter 39-26, 1 to (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 ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due as failure to mat sparifirsak rs, either when shipped or due to defects of any of the warranties or obligations of this purchase mda and shall nt be deemed is waiver of any right of the damage in based, may lae retumad to you for credit and are not to W replaced except upon receipt of written purchaser to insist upon strict performance hems for any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, rtor shall my paponed ore] moth ficapon or rescission of this purchase order by the Purehmer operate res a waiver of my of the term Inspection. GOODS arc subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt or the memhmdise, services or equipment in respam'c to this call ran taut, in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fan Collins. However, it is to be undarrood Oat PHIAL Seller and the Purvhaur mognime that in actual mourcuric practice, overcharge resulting from anuses m ACCEPTANCE is dependent upon completion of all applicable requite inspection procedures. violations are in fact Fame by the purchaser. Theretofore, for good came and as mmideration for executing this purchase coder, the Sella hereby assigns to the Purchaser my and all claim it may now have or Forbearer Freight Term. Shipments most be F.O.B., City of Fan Collins, Bad Wood St-, Fort Collins, CO 80522, unless acquired ands federal or sum antitrust laws far such overcharges belating to the particular good or savicrs otherwise specified on this order. If permission is given to prepay freight and charge separately, the original fight purchased or acquired by the Purcbua pursuant ro this purchase order. bill must accompany invoice. Additional charges far packing will not be acerpted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When, noomfamumrs have dish taid., points in varioo parts of the country, shipment is Ifrhe Purchaser directs the Sella to cornea s ommnf ing or defective good by a date to be agreed upon by 0te expected frvm the nearest distribution point to destination, and excess freight will be deducted firm Invoice when Purchaser and the Selleq and the Sella tharaM indicates in inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, arW the Seller shall pay all costs associated with such work. Permits. Sella Shull procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, temmry or political subdivision where The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed or required by any other duly constituted public authority havingymWiction over the work resulting from the performance ofsnch work. of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss tarred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ml. This release shall apply even in the even of fault of negligence of the party, released and shall extend to the and requprmials. directors, oReas and employees of such party. Authodrmion. All panics ,, this comma all that the representatives are, in Far, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be desmal on be reduced, in any way, because complete authority to bind said ponies. such work is performed or caused m be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tam¢ and conditions sited herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcferrnoo. Any additional or different rams and conditions proposed by seller ore objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essaot. Delivery and Pwformm. meat be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchavers including, without limitation, acceptance of partial late deliveries, shall operate m a waiver ofthis provision. In the event array, delay, the Pmchmer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere mM holding thc Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control eb without its fault of negligence, such a.aofGnd, acts ofeivil or military authorities, governmental priorities,( s, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seller first received kmwledife hereof. In the event of my such dela, the date of delivery shall be extended for the paiad equal on the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warms that all good, articles, mmriah and work covered by this order will mnfonn with applicable drawings, spaifratiom, samples and/or other descripdom given, will be fit fair the Purposes intended, and performed with the highest degree of are and compaence in accordance with ancepred oanderds for work of a similar nature. The Sella agrees to hold the purchaser harmless from any Into damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofxartavty. The Seller shall replan, repair or make good, without east to the purehanr, any defects or faults arising within one (1) year to within such longer period of time as may be presenbW by law or by the term of any applicable womanly provided by the Sella after the date of acceptance of the goods furnished hereunder (ecaptma out as, be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller Acceptance or use of goods by the Purchaser shall and msstitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my ofthe foregoing warranties or guarantees, but such liability shall in an event include loss ofproPos or 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 to legal inns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pmchaser cony make nay cb:mges to the tamer, other than legal terms, including additions to or 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 time ofperformnnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in progress provided That the Purchaser shall not be liable far any claims for mticipmed profits on the uncompleted portion of the goods and/or work, for incidental or cooequential dmages, and that no such adjustment be made in favor of the Seller with respect to my good which art the Sellers stmdard stock. No such termination shall relieve the Purchase or the Sella of my of their obligations as to any good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goads sold hereunder shall have been preduad, sold delivered and famished in strict compliance with all applicable laws and regulations to which the good are subjesL The Seller shall rxccule aud deliva such documrnn as may be required to effect or evidence compliance. All laws and regulations requite to be, ncompomted in agreements of this charecter ear hereby ianorpomted herein by this refearesses. The Sella agrem m indemnify and hold the Producer barbrl¢s from all costs and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall resign, vensfer, or convey this order, or any monies due or or become due hereunder without fire poor wrinm constant affte other puny. 10. TITLE. The Seller warrants full, clear and command title to the Purchaser for all aryipmmt, mtmals, and item famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, saunry interest encumbruaco and claims of others. 14, PATENT'S. Whenever the Seller is required 10 use any design, device, material or process covered by left patent, trademark or copyright, the Seller shall indemnify and save hamidess the Purchaser fmm my and all claims for infringement by reason of the use of such patented design, device, material or process m connection with the contract, and shall indemnify the Purchaser for my 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 coraptmtent, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is apolitical, the Seller shall, at its awn expense aM at its option, either procure for the Pumhmer the right to continue using said equipment or pans, replace the same with suboarri lly tonal but rmniufringing equipment, or modify it sec it baomes mate Hnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt broke an assignment f the benefit of creditors, appoint is receiver or frusta for my of the Sellers property or or business, this order may fonhwith be canceled by the Pumhma without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be camtmed under and gov real by the laws of the State ofColomda,USA. The following Additional Conditions apply only in axes where the Seller is to perform work hereuuder, including the sarvica ofSellm Represenulisch), on flrc premises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall tarty on said work to Sit own risk anti] the same ¢ Polly completed and accepted and shall, in se of my accident, destruction or injury, to the work and/or materials before Series foal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase. When materials and equipment are famished by others for installation or erection by the Sella, the Sella shall receive, unload, some and handle same at the site and become responsible therefor as though such materials mdror equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expeea, 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 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, contactual and automobile public liability insurance wilh bodily injury and death limits of at lent $3W,000 for any one person, $500,000 for any one propertymli accident and property damage hurt per accident of $40go00. The Seller shall likewise require his coal rneto., if any, to Provide fir, such compensation and imumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of ahem, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have ban provided. Such cmificams 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 agree that such compensation and iourems, shall be maintained until after the entire ..,it is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibility and liability far any and sit damage, loss or injury of any kind or nature whosoever to person or property caused by or resulting from flee execution of the work provided for in this purchase order or in connection hacwith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purshasums officers, agents and employers fmm aM against any and all claims, Issues, damagrs, charges or expenses, whorl r direct or indirea. and whether as person or Progeny, m xhicb the Pmchaser may be put or subject by season of my act, action, neglect, omission or default on the part of the Seller, may of his convectors, or my of the Sellers or contractors officers, spends or employas. In cause my suit or other proceedings shall be brought against the Ptuchasa, or its officers, ages¢ or employees at my none on account in by reason of my act, action, neglect, omission or default of the Seller of my of his mvveaors or any of its or their officers. agents or employas m aforesaid, the Sella hereby agrees to assume tbe defense thereof and to defend the some at the Sellers own expense, to coy any and all costs, charges, attorneys fees and other expemes, any and all judgments flat may be incumred by or obtaimW agaimt the Pantheon, or any of its or these c ffcers, agents or employees in such suits or other proceedings, aud in eau judgment or after Has be placed upon or obtained against the propnty of the Punchiest, or said panic in or m a n ath of such suits or other proceedings, the Sella will at once cause the same in the dissolved and discharged by giving bond in otherwise. The Seller and his convectors shall sake all safety preconditions, furNxh and imull all guard necessary for the prevention of accident, comply with all laws and regulation with regard m safety including, but without limitation, the Occupational Safety and Hadth Act of 1970 had all rules and regulations issued pursuit thereto. Revised 09Q014