HomeMy WebLinkAbout532047 G & G CONTRACTORS LLC - PURCHASE ORDER - 9147454Fort Collins
Date: 12/18/2014
Vendor: 532047
G & G CONTRACTORS LLC
2718 CARNATION PLACE
LOVELAND CO 80538
PURCHASE ORDER
PO Number Page
9147454 1of2
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: 12/17/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Northside Aztlan CC 1 LOT LS 2,415.80
Provide all necessary labor &
materials to complete fencing
per estimate dated 10/27/14.
Contact: Ethan C.
Dh# 970-221-6273
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
Total $2,415.80
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terras and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax examines. By statute the City of Ford Collins is exempt from Pricing local mxn. Our Exemption Number is
984F1502. Federal Excise Tax Exemption Cmificate of Registry M-6000587 is registered with the Collator of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39-26,114 (a).
Goods Related. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in Pound. may be returned to you for credit and are not to be replaced except upon mraipt of written
instructions from the City of Fort Collins.
inspection. GOODS are subject to the City of Pon Collin inspection on arival.
Final Acceptance. Receipt of the merchandise, sine r equipment in response to this Order can result in
unhand payment on the pan of the City of FunCollins. However, it is t0 be understood that FINAL
ACCEPTANCE is dependent upon completion Of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood Sr, Fort Collins, CO 80522, unless
otherwise specified oo this order. If permission is given to prepay freight and charge sepretely, aie original freight
oil mint accompany imoitt. Additional charge mr,axking will not beaccepted.
Shipment Distance. Where manufacturers have distributing points in serious pans of the country, shipment is
expected from the nearest dounbution point to destination. and exam freight will be deducted from Invoice when
shipments are made from greater distance.
Pamirs. Seller shall promre at sellers sale ant all nxmasary permits, cenifica s and licaues required by all
applicable laws, regulation, ordinances and roles Of the state, municipality, temmry or political subdivision where
the work is performed, or required by any other duly contimted public authority hating jurisdiction over the work
of vendor. Sella funber agrees to hold the City of Fan Collin homeless fmm and again all liability and loss
Premed by them by reason of an assured or established violation of any such laws, regulations, muracen, ales
and requirements.
Ambarimtion. All panics m this contra agree that the tep caematives are, in fact, bona fide and possess full and
omplac xmharay to bind said ponies.
LIMITATION OF TERMS, This Purehame Order expressly limits acceptance m the farms and conditions stated
herein set firth and my supplementary or additional tern and emeditinn annexed herein or incorporated herein by
reference. Any additional or different farms and condition proposed by seller me objected to and hereby related.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediamly if you cachat make complete shipment to arrive an yam
Promised delivery dam as noted. Time is of the essence. Delivery and perfiffirearks, most be effected within the time
sexual on the purchase oMer and the documents attached hereto. No acts of the purchasers including, without
limitation, accepmnce of partial late delivenin, shall operate no a waiver of this precision. In the event of any delay,
the Purchaser shall have, in addition in other legal and armadillo remedies, the option trained, this eager elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for concern as a result of delays
due to muses not reasonably foreseeable which ore beyond its reasonable round and without its fault of negligence,
such acts officer, acts of civil r military nalwritie, govemmmml morifics, fires, strikes, Road, epidemics, wars r
riots provided that notice of the condition causing such delay is given to the Pumhamr within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal in the rime actually lost by reawn of the delay.
3. WARRANTY.
The Seller warrants that all gouda, articles, materials and work covered by this order will conform with applicable
drawings, specification, samples andror other descriptions given, will be fit for the purposes intended, and
perforated with the highest degree of care and competence in revaluate with accepted ston lards for work of a
similar cure. The Seller egr n to hold the purchamr hmmless from any loss, damage or expense which the
Purchaser may suffer a incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without ant to the pumhamq any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable wmrd ay provided by the Seller after the date of
acceptance of the good famished hereunder (acculturate not to be andeasawbly delayed), resulting from impeachers
as defective work drum Or mateaals (unshed by the Sella. AccepWce a use of good by the Purelm.son shall not
consulate a waiver of any claim under this warranty. Except as otherwise provided to this purchase order, the Sellers
liability here adder shall extend to all lone in purximamly mumd by the breach of my of the foregoing warranties
or gu s antas, but such liability shall m no event include lum of profits r loss of um. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchner may make change in legal terms by warren change order.
5. CHANGES IN COMMERCIAL TERMS.
"I lie Purchaser may make any n-,— to Ne terms, other than legal terms, including itddomm; to or deletions Gum
the quantifies originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the lime of performance hereunder, on equitable adjustment shall be made.
6. TERMINATIONS.
The Purchased may at any time by woven change oMer, terminate this agreement as to any or all portions of the
good then not shipped, subject many equitable adjustment between the parties n to any work or materials then in
progress provided that the Purchaser shall not be Gable for any claims for anticipated tactics on the uncompleted
,onion of the good anNor work, for incidental or comma motial damages, and that as such adjustment be made in
favor of the Sella with inspect to any good which arc the Sellers standard stock. No such termination shall reliece
the Pricla er or the Setter crony of their obligation n to any good delivered haverna .
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from din date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all good sold hereunder shall have been produced, said, delivered and furnished in strict
compliance with all applicable laws and regulation m which the goods are subject. The Sella shall execute and
deliver such documents n may be acquired to cited or evidence cumpliance. All laws and regulations required to be
ncoRomted in agreements Of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify, and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as arm ail of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this raga, or any monies due of to become due berenrster without the
prior wrinm cannot offs a other perry.
10. TITLE
That Sella warrants full, clear and unrestricted title to the Pardoner for all puipmmt, aateaas, and items famished
in performance of this agreement, fro and clew or any and all liens, msaintain, nesermtion, security interest
mcumbrancn and claims afothers.
I L NON WANER.
Failure of the Purchaser in mist upon strict performance of the terms and rondition hereof, failure or delay to
examisc any rights or remedies prmdded herein or by law, (ulnae to promptly notify the Seller in the went of a
breach, the acepmnce arm payment for goads hereunder or approval of the design, shall not release the Seller of
nay of the warranties or obligation of this purchase other and shall not be dinned a waiver of any right of the
purchaser to insist upon strict performance hereofr any of its rights ar ner alin as to any such scuds, rcgaagless
of when shipped, received or accepted, as to any Fund or subsequent default havordef, rear shall my purported
oral readifiestion or rescission of this purcl ce, under by the Purchur operate as s wm,a of any of the tams
hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognise that in actual demorrum practice, overcharge resulting turn, antitrust
violations are in fact home by the Purchaser. Thertofore, for good cause and n consideration for executing this
purchase Order, the Sella hereby assign fo the Purchaser any and all claims it may now have or hamfier
acquired under federal or state antitrust laws for such overehrges relating to the particular goods or services
purchased or acquired by the Purchner pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser defcts the Sella to corded fmmmnfamming or defective goods by a date to te agreed upon by the
Puchaser and the Sella, and We Sella thereafter incomes es its nobility Or unwillingness to comply, the, Purchases
may cause, the work to be performed by the most expeditious means available to it, and the Setter shall pay all
costs asnciatal with such work.
The Sella shall release the Purchaser and its contractions; of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault Of negligence Of the parry released and shall extend to the
directors, officers and employees nfsuch pony.
The Seller's contmand obligations, including warranty, shall not be deemed to be dared, in any way, because
such work is performed or caused to be perfrmal by the Purchaser.
14. PATENTS.
Whenever the Sella is acquired to um any design, dcvia, mmmel in process covered by letter, patent, trademark
r copyright, the Sella shall indemnify and save harden the Purchaser from any and all claims for infringement
by union of the use Of such patented design, device, material or process in connection with the colored, and
shall indemnify the Purchner for any and, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the promotion r after the completion of the work. In rase said equipment, or
any pm thereof or the intended use of the goods, is in such suit held to commum infringement and the use of
mid equipment or pan is joined, the Sella shall, in its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
naninfringing equipment, or modify it w it becomes ooninfrioglng.
15. INSOLVENCY.
If the Seller shall become imadval Or bankrupt, make an assignment fin the benefit of editors, appoim e
receiver or trustee far any of the Sellers property or business, His Other may forthwith be canceled by the
Purchaser without liability.
16. GOVERNMG LAW.
The definitions ofterms used or the interpretation Of the agreement and the rights ofall parries hereunder shall be
censtmed under and governed by the laws of the Scam ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services i Sellers Reprammeive(s), on the premsn afothm.
17. SELLERS RESPONSIBILITY.
The Sella shall carry fin said work at Sellers own ask until the same is fully completed and xcepted, and shall,
in cam of very accident, destruction or injury to the work ember demands before Sellers final completion and
acceptance, complete the work in Sellers own expense and to tbe satisfaction of the Purchases. When macuoH
and equipment art burnished by others for installation or amnion by the Sella, the Sella shall receive, unload,
start and handle same at the site and became rn,.iblc therefr n though such mateaals anNr equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provde for the payment of workers computation, including recupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
andrm to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
wall nIsa rorty comprehensive general Imbdiry including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any
one accident and property damage lindt per accident of S400,000. The Seller (hall likewise acquire his
ontractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the praises of others, the Seller shall fiunish the Purchaser with a cmificam
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and inumnce have been provided. Such certificates shall specify the date when such comparalon
and insurance expires. The Seller agrees that such compensation and insurance shall be mainmined until a9a the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the mtme responsibility and liability fr any and all damage, loss or i jury of any kind
or nature whatwever in person or property muted by or resulting fmm the execution ofthe work provided fr in
this purchase order or in correction herewith. The Sella will indemnify and held hamdess the Parchasa and any
or all of the Pumbasers officers, of and employees fmm and again any most all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumisasc may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his
ontmctors, or any of the Sellers or contractors officers, agents or emplryces. In cam any suit or other
proceedings shall be brought against the Purchaser, r its officers, agents or employees at any time on account or
by rmson Of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees is aforesaid, the Seller hereby agren to assume the defense thereof and to
defend the same at the Sellers Own expense, to pay any and all costs, charges, Marcos s fees and other expenses,
any and all judgments But may be incurred by or obtained again the Purchaser or any of its or their often,
agents or employees in such suits or other proceedings, and in cam judgment or other lien be placed upon or
obtained rgainr the property of flue Parmbaer, or said panic in or n a result crunch suits or other proceedings,
the Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall rake all mfety precaution, punish and raw[] all guard necessary for the prevention of
accidau, comply with all laws and regulation with regaag to safety including, but without limitation, the
Occupational Safety and Health Act of 19T0 and all rules and regu coo einued pursuant aided.
Revisal W2014