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HomeMy WebLinkAbout532047 G & G CONTRACTORS LLC - PURCHASE ORDER - 3215143PO PURCHASE ORDER 321514er Page City of PURCHASE 3215143 1012 ' `t Collins I„C This number must appear V ` 1 1�7 on all invoices, packing sli s and labels. Date: 01/12/2015 Vendor: 532047 Ship To: STREETS DEPARTMENT G & G CONTRACTORS LLC CITY OF FORT COLLINS 2718 CARNATION PLACE 625 NINTH STREET LOVELAND CO 80538 FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price i 2015 CONTRACTUAL 1 LOT LS 8,000.00 PER TERMS AND CONDITIONS OF BID 7564 THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH 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@fogov.com 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 2 of 2 I. COMMERCIALDE'AILS. Taxexemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWAIVER. 911-O4502. Federal Excise Tax Exemption Certificate Of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failwe or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Smmes 1903. Chapter 39-26, 110 (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 of or payment for goods hereunder or approval of he design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure a men speeificatons, either when shipped or due 10 defects of any of the xarmenties or obligations of this purchase order and shall not be deemed a river of any right of the damage in transit may be returned to you for credit and are not a be replaced except upon receipt of whom purchaser to insist upon strict performance hadefor any of its rights or remedies a by any such goods, regardless instructions from the City of Fort Collins. of when shippcy received or accepted as a any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser argued, as a waver of any of the terms Inspection. GOODS are subject o the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can result in ices 12. ASSIGNMENT OF ANTITRUST CLAIMS. autlanced payment on the pan of the City of Fan However, it is to be understood that FINAL Seller and the Purchaser recall that in actual economic practice, overchares ges rulting from antitrust nfor rgood ACCEPTANCE is dependent upon completion of all applicable required inVabon procedures. violations are in fort home by the Purchaser. Theretofore, cause and an consideration for executing this purchase ordeq the Seller hereby assigns a the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be FO.B., Curb, of Fan Collins, 10o Wood St, Fan Collins, CO 80522, unless acquired under fedaal or state moment laws for such overcharges relaring to the particular goods or services otherwise specified on this order. If pemtission is given no prepay freight and charge separately, the onginal freight purchased or acquired by the Pwchasr postwar to his pwncrese order. bill most accompany invoice. Additional charges for packing will Out be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Count Mae me -factious have distributing points in various pans of the country, shipment is If he Purchaser directs he Seller tO correct nonconforming or defective goods by a dare to be agreed upon by he expected from the nearest distribution palm to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwilh nmess to comply, the Purchaser shipments are made from greater distance may cause the work a be performed by the most expeditious means available ro it, and the Seiler shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificmes and licenses required by all applicable laws, regulations, orchmanm and rules of the stare, municipality, h Awry or political subdivision where the work is performed, or required by my other duly manicured public auhodry having jurisdiction over the work of vmdoc Seller fuller agrees m hold the City of Fort Collins harmless from and against all liability and loss incurred or red by them by reason of an assumed or established violation of my such laws, regulations, ordinan ces, mles rod requirements. Aufonration. All parties to this contract agree raw the representatives are, in fact, bona fide and possess full and complete suhonty to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions rimed herein sit forth and my supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proptased by tiller are objected a and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date ss noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operant as a waver of this provsion. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing his order elsewhere and holding the 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 arc beyond its reasonable control and without its fault of negligence. such acts of Used, rely of civil or military authorities, mvermtentel priorities, fires, strikes. flood epidemics, wars or nots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of he time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warmts that all goods, articles, materials and work covered by his order will conform with applicable drawings, specifications, samples and/m other descriptions giver, will b, fit for the pugases intended and Performed with the highest degree of care and cumpetmce in accordance with accepted nmduch for work of a similar nature. The Seller agrees to hold the purchaser harmless from my Ian, damage or expense which he Purchaser may suffer or over on avant of the Sellers breach of warranty. The Seller shall replace, repair or make good, without con to the purchaser, my defttts or faults arising within one (1) year or within such longer penod of time as may be presented by law or by the terms of my applicable warrant, provided by the Seller afar the are of acceptance of he goods furnished hereunder (acceptance not to be unreasonably delayedy resulting from inuperf t or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver army claim coder his warrant, Except as otherwise provided in this purchase order, he Sellers liability hereunder stall extend In all damages proximately caused by he breach of my of he foregoing warmdes or guarantees, be such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by Mum change order. 5_ CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes m the terms, other than legal tams, including additions to or deletions from he quantities originally ordered in the specifications or drawings, by verbal or wrium change order. If my such change affects the amen, due or the time of Oulloc mince hereunder, an equitable adjustment shall be made. 6. TERNHNATIONS. The Purchaser may at my time by wrinen change order, terminare this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjwmrcar between the ponies as to any work or ma¢rak then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of he goods andor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to my goods which are the Sellers standard snick. No such termination shall relieve the Purchaser or the Seller of my of their abligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment mum be asserted within piny, (301 days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wermm that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations in which the goods are subject The Seller shall execute and deliver such documents as may be required ne effect m 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 no ndemnify and bold the Purchaser harnleva from all cost and damages suffered by the Purchaser as a result of he Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, m ennvey this order, or any moniesdue m to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items fumished in performance of his agreement free and clear of my and all liens, reshctions, reservations, security interest encumbrances and claims of others. The Seller shall release he Purchaser and its cono-acoms of any tier from all liability and claims of my nature esulting from the performance of such work. This release shall apply even in the event of fault of negligence of he parry released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shill not be deemed to be reduced, in my way, because such work Is performed or caused to be performed by he Purchaser. Iq. PATENTS. K'henever the Seller is required to sea any design, device. material or process covered by Inter, parrot trademark r copyright the Seller shall indemnify and save harmless due 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 contrast, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at Its own expense and at its option, either procure for the Purchaser the right to continue using sold equipment or parrs, replace the same with substantially equal but hemorrhaging egouporm.or modify it mitbecomesmminfnoging. 15, INSOLVENCY. If the Seller shall became insolvent or bankmpt make an assignment for he benefit of creditors, appoint a tar or trustee for y of the Sellers property or badness, this order may forthwith be canceled by the Purchaser an hase without liability. 16. GOVERMNGLAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed coder and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is 1p perform work hereunder, including he services of Sellers Reprexamse e(s), on he wermses of whims, 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Selle,'s own risk until the some is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pu cdbwm. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, callow, vowe and handle same at he site and became responsible therefor as though such malenals andor equipment were being famished by he Seller under he order. 18. INSURANCE. The Seller shall, w his own expense, provide for the payment of workers comperemon, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, captor 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, connected and automobile public liability insurance ME yearly injury and death limits of m law S30Q000 for my one person, $500,000 for my one accident and propnry damage limit per meidmt of S400,000. The Seller shall likewise require his if any, to proanw vide for such compensation d bmsance. Before my of he Sellers or his contractors employees ees shall no, my work upon the premises of athm. the Seller shall furnish the Pwrhsser with a certificate that such rmpmsztion and insurance have beet providW. Such ceniftato shall specify the dare when such compensation and insurance have bear provided. Such ce tiftcates shall specify the date Mm such eOmpmsation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting farm the execution of the work provided for in this purchase order or in connection herewith. The Sella will Indemafy and hold harmless the Purchaser and my or all of he Purchasers officers. agents and employees fmm and against my and ill claims, losses, damages, charges or expense; whether direct Or indirect and whether to persons or property a which the Purchaser may, be put or subjem by reason of my act, whom, neglect, omission or default on the pan of the Selle% my of his contractors, or my of the Sellers or contractors officer, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on normal or by reason of any act action, neglect, omission or default of he Seller of any of his comrormrs or my of its or their officers, agents or employees as aforesaid, he Seller hereby agrees to assume the defense thereof and to defend the same w the Sellers oven expense, a pay any and ill costs, charges, anomrys fees and other expenses, any and all judgments that may be incurred by or obtained against he Purchaser or my of its or their officers. agents m employees in such suits or other proceedings, and in use judgment or other lint be placed upon or obtained against the property of the Purchaser, or sold parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for he prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1990 and all tol and regulations Issued pursuant thereat. Revised O'IROIa