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HomeMy WebLinkAbout532047 G & G CONTRACTORS LLC - PURCHASE ORDER - 3215143 (2)PO PURCHASE ORDER 321514er Page City of PURCHASE 15143 + of 2 ' `tCollins( Thisnumber must appear v on all invoices, packing sli s and labels. Date: 01/23/2015 Vendor: 532047 G & G CONTRACTORS LLC 2718 CARNATION PLACE LOVELAND CO 80538 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Turns and Conditions Page 2 of 2 1. COMMERCIALDEfAI1S. Tax exemptions. By some the City of Fort Collins is attempt from sate and local cues. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with Me Collator of Internal Revenue, Drover, Colorado (Ref, Colorado Revised Stories 1973, Chapter 39-26,114 (a). Good Rejected. GOODS REJECTED due to milme to most i,aft rations, either when shipped ar due Mo deficits of damage in transit, may be removal to you for credit and are trot to be replaced except upon receipt of wriden instructions from the City of Fan Collins. Inspection. GOODS are subject o the City of Fort Collins imputation on arrival. Final Acceptance. Receipt of the merchandise, service or equipment in response to this order ran result in authonsed payment on the part of the City of Fan Collins. However, it is to he understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Woad St., Fort Callins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bit most accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufacturers have dembuting points in venom pans of Me country, shipment is expected from the nearest distribution poor to Manasquan, and excess freight will be deducted from Invoice when shipmmes is. made from groaner distance. Permits. Seller shell Fracture at wears sole cost all necessary warmiti, ar ifate and licenses ra dial by all applicable laws, regulations, ordinances and cola of do state, municipality, tnntmy or political subdivision where the wort: is performed, or required by any other duly comrituted public authority havingjmisdi sson mer the work of vendor. Sella further agrees m hold the City of Fart Collins haml. from and against all liability and loss incurred by them by reason of on asserted or established violation of my such laws, regulations, carbonates, roles and requirements. Authorization. All panic to this contact agree that the representative to in fat, From fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to Me terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incomomted herein by reference. Any nddiliond or different arms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediately ifyou cannot make complete shipment m arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents anached hereto. No ace of me Purch.ers including, wimam hinimtion, acceptance of Partial late deliveries, shall operate m a waiver of this provision. In the went ofany delay, Me Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding Me Seller liable for damage. However, the Sella shall not be liable for damage as a resuh of delays due to comet not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God, ace ofcivil or military authorities, governmental priontie. fares, sundaes, flood, epidemics. was or Mass provided that notice of Me conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast statical knowledge thereof. In the event of any such delay, Me rime of delivery shall be extended for the period equal to me rime actually loot by roman ofthe delay. 3. WARRANTY. The Seller warrants Mat all good, article, materials and work covered by this order will conform with applicable drawings, sptr ificmiom, samples andtm oMer descriptions given, will be fit for Me puTmes ima hod, and performed with the highest degree of care aid competence in accordance with accepted standards for work of a similar nature. The Seller agree to hold Me procurer harmless Boom any loss, damage or aroma, which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Sella shall rordure, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by Me arms crony applicable warranty provided by the Seller after the date of acceptance of the goods famished harewder (mamtmae not to be unreasonably delayed), resulting from imperfect or defective work done or matermas famished by Me Sella. Acceptance or me of goods by the Purchaser shall or constitute a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage proximately aused by Me branch of any of Me foregoing warranties or guarantees, but such liability shall in an event include, was ofproms or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal terms by wemm change order. 5. CHANGES IN COMMERCIAL TERM5. The Purchaser may nuke any changes to Me to=, other thin legal terms. including additions to or deletions form Me quantities originally ordered in Me spai6ations or drawings, by verbal or women change order. If any such change aff ta the amount due or the time 0fp umnavence hereunder, an equitable ndjustmat shall be made. 6. TERMINATIONS. The Purchase, may at any time by wisdom change adeq tami.a this agreement as li any or all ponio. of me goods then not shipped, subject to any equitable adjustment between the Erma at to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted pommi of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which ere the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations in to any goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) drys from the date Me change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Sella warants Mat all goods sold hereunder shall have been unfi ed, sold, delivered and famished in strict compliance with all applicable has and regulations to which the goods ere subject. The Sella shall execute and deliver such documrots. may be required to effect of evidence compliance. All Iowa card regulations required an be incorporated in agreements of this charmler are hereby incorporated herein by Otis rcferme. The Seller agree to indemnify and hold the Purchase harmless from all cones and damages sufred by Me Pumbawr as st result of Me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without Me prior wrimen..cut of Me Omer party. 10. TITLE. The Seller warrants full, clear and unrestricted title to Me Purchaser for all equipment, materials, and items famished in perhaamme, of his agreement, free and clout of any and all he., restriction, reservations, security monost encumbrances and claims ofothers. 11. NONWAIVER. Failure of Me Purchaser r imist upon strict performance of the terns and canditiom hereof, Eaton, m delay to comasic any rights or remedies provided howin or by law, failure to promptly andfy the Sella in the event of a branch, the acceptantt ofar payment far goods hereunder or approval of But deign, shall rim relaw me Seller of any of the warranties at obligations of this purehaw order vend shall net be dcemed a waiver of my right of Me purebasm to insist upon strict performance haeofor my of its rights or remedies in to my such goods, regardless of whom shipped, received or accepted, as to any prior a subsequent default hereunder, nor shall my puryoncd coal modification err rescission of this purchase order by Me Purcha operate as a waiver of soy of the tamp hcreaf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser reaogniu that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore nfor good cave and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or treasurer acquired under federal or state antitrust laws for such overcharges relaing to the particular good or services purchased or acquired by the Purchaser pursmnt to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs Ibe Seller to correct nonconforming or defective good by a date a be agreed upon by the Purchaser and the Selleq and the Seller thetanfter indicate its inability or unwillingness r comply, the Purchaser may cause the wank to be performed by the most expeditious means available to it, and Me Seller shal pay all emu mwcimed with such work. The Seller shall colossi, the Purchaser and its contractors of any tier fmm all liability and claims of my mture cosuhing from Me per( vice ofs.h work. This relax shall apply even in the event of fault of negligence of the petty Moused and shall award r the directors, officers and employees of such party. The Seller's commetual obligations, including warranty, shall not he clamed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Selleris required to use any deslym, device, material or process covered by letter, patent, trademark copyright, the Seller shall indemnify end save harmless the Purcho or from any and all claims for infringement by anion of the use of such patented design, device, material or process in connection with Me contract, and shall indemnify the Pumb nor for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during me prmautlon or after the completion of the work. In case said equipment, or any pan therm( 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, Me Seller shall, at its own expense and at its option, either procure for Me Purchaser Me right to continue using said equipment or pans, replan the same with substantially ymal bar wninGnging equipment, or modify it so it become noninMnging. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt make an assigmnent for Me benefit of creditors, appoint a err mosto, for any of Me Sellers prpary m bmineu, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dernitiom ofmrnu used or Me intemroom n afro, agreement and Me rights of all panic hereunder clan be concerned under and governed by Me laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where Me Sella is ro perform work hereunder, including the services of Sellers ReprewnativcEgL on me premises ofothers. 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 e of any accident, destruction or injury to the wark amVar materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of Me Purchmer. When nationals and equipment are Brushed by ofers fur installation or emotion by the Sella, Me Seller shall receive, unload. stare and handle same at the site and become responsible therefor m though such materials and/or equipment were being fumisbed by the Sella under the order. I S. INSURANCE. The Seller shall, a his own expe.e, provide for Me payment of workers ampausintim, including ..In..[ disease benefits, to its employees employed on or in connection with the work covered by But purchase order, and/or to their dependents in accmdam, with Me laws sprite state in which Me work is as be done. The Sella shall also tarty comprehensive general liability including, but not limited W. contractual and automobile public liability monomer with w0ily injury and daM limits of at lest S300.00 f any one person, 5500.000 for now once accident and property damage limit per accident of S4o0,000. The Sella shall likewise require his amormours. if my, ti provide for such compaaarion and insumme. Beef any of Me Sellers m his contractors employes shall do any work upon Me premises of omers, the Seller shell famish Me Purchaser wind a cenificate Mat such mmpeariamn and imumnce have been provided. Such emirates shall specify Me doe wb- such compensation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Sella agrees that such compensation and insurance shall he maatained until alley the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ssumes the attire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting form the execution of Me work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold hamlets de Purchaser and any or all of the Purchasers effects, egenu and employes from end against any and all claims, lasses, damages, charges or expenses, whether direct or indisel, and whether to persons or property a which Me purchaser may be par as subject by ream. of any act, nam, neglaa, omission or default em the pan of Me Sella, any of has contractors, or my of Me Sellers or commtots officers, agents or employee. I. raw my suit or other poceedings shall be brought against the Purchaser, or its officers, egenu a employees at my time on varmint or by reason of my xt, mtioa, neglect, omission or default of the Sella of any of his contactors or my of its or Music officers, agents or employees as aforesaid. Me Sella hereby agrees to assume me defense shared and to defend the wane at Me Sollars owes expense, as pay my and all coos, charge; vrmeys fees and omet expenses, any and all judgmeu than may be mound by or chained against the Purchaser or my of its err Meir a ivers, agents or employees in such suits or other pmeadarga, and in cause judgment or other lim be placed upon or obtained against Me property ofthe Purchaser, or said pvrim in or as a result ofsuch suits or other proceedings, Me Seller will at once case, the same to be dissolved and discharged by giving bond or oherwise. The Seller and his contractors shall take all safey precautions, Tumuli and install all gmi naessary for Me prevention of accidents, comply with all laws and regulations wit regard to safety including, but without limitation, Me Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised O7R014