HomeMy WebLinkAbout468820 GONZALES PLUMBING LLC - PURCHASE ORDER - 9147259PO
PURCHASE ORDER 914725er Page
City. of47259 lofz
Flirt Collins/ his number must packing
!"_`\/`' ` V �7 on all invoices, packing
sli s and labels.
Date: 12/09/2014
Vendor: 468820
GONZALES PLUMBING LLC
1209 MARTIN CT
LOVELAND CO 80537
Ship To: RISK MANAGEMENT DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 12/08/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Invoice # 082 Wellness Center
,LLB.,(114
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
1,149.5200 1,149.52
$1,149.52
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
L COMMERCIAL DETAILS.
Tax exemption. By stared the City of Paul is exempt firm setaand l Nal axe. Om Exemption Now,, is
11. NONWAIVER.
98-0,1502. Fdrml Excise Tax Exemption Cenificme of Registry 84-6000597 is registered, with the Collator of
Failure of the Purchaser to insist upon stun performame of the team and commucas hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sa mtes PUL Chapter 39-26, 114 (a),
exercise any rights or remedies provided herew at by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release me Seller of
Grounds Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of
my of the contra ire in obligations of this purchase order and shall not be decmd a waiver of any right of the
damage in warrant, may he reamed to You for credit and w, not to be replaced except upon tweip, of written
purcM1aser to insist upon strict performance Timor or any of its rights or remedies as to any such goad, regardless
intmetions from the City of Fort Collins.
of when ahippol, wiivrd or accepted . to any prior or subsequent defeat, heremWer, nor shall my pmparted
oral modification or remission of this purchase order by the Purchaser operate as e waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins miniseries on arrival.
hereof.
Final Acceptance. Receipt of the meahmfor, services m equipment in response to fit order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Cullim. However, n is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from mtitrust
ACCEPTANCE' is dependent upon compllicable eienofall apprequired inspection procedures,
violations arc in fact home by the Purchaser.Theretofore,for. good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Icons. Shipments must be F.O.B., City of Fan Collins, 900 Wood Sr, Fiat Collins, CO 80522, unless
acquired under federal or store antitrust laws for such overcharges relating as the Formal. goods or services
aherwi. specified oa this order. Romano.. is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most aaomoanv invoice. Additional charms for omkine will not be warrant.
Shipment Distance. Where manufacturers have distributing Paints in various Pans of the cowry, shipment is
expected from the nearest diminution point to destination, and excess freight will be remained from Invoice when
shipments are made fican greater dismwe.
Permits. Seller shall procure an sellers sole cost all nttrssary Partial, certificates and licenses required by all
applicable lance, regulation, ordinances and sales Mthe sate, municipality, territory or political subdivision when
He work is performed or required by any other duly mnstinned public authority havingjunsdicdm over the work
of vendor. Sailer further agrees tp hold the City of Fort Collins hmmless from and agalwt all liability and loss
warred by them by reason of. essential or rsmblishW violation of any such lames, regulatiow, ordinances, tales
and requirements.
Aulhwmtion. All parries to this contract agree for the representatives art, in fee,, From file and possess full and
complete authority to hind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance . the in. and con litiow smmd
herein set forth and any supplementary or additional now and conditions annexed hereto or incorporated herein by
reference. Any additional or different trams and conditions proposed by seller are objected ro and hereby rejected.
2. DELIVERY.
PLEAST; ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your
promixd delivery dam.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 harem. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall opemm w a waiver of this provision. In the event of my delay,
the Purchaser shall have, in addition no other irgal reel equitable mossies, the option ofplacing reds 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 aasuwbly Receivable which are beyond its reasonable control and without its fault of negligence,
such sets idGd, acts efcivil or military anthonties, gommmaaml priorities, fret, strikes, flood, epidamia, wars a
dots provided Thal notice of the conditions cawing such delay is groan to the Purchaser within rise (5) days of the
time when the Seller first received knowledge therwL In the event of any such delay, the date of delivery aMI be
extended for the panel actual to the time actually last by reamn ofhe delay.
3. WARRANTY.
The Seller warrants that all good. articles, materials and work cov,rd by this order will annual with applicable
drawings, specifications, samples anther other descriptions given, will be fit for the minnotax intended, and
performed with the highest degree of can and compatence in accordance with accepted standards for work of a
similar nature. The Seller agree to hold the purchaser hvmlea from any lass, damage or expense which the
Purchaser may suffer or incur on account of thm e Sellers breach of warnry. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such ]anger period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unrewonnbly delayed), resulting from imperfect
or defective work done or mamdak famished by the Seller. Acceptance or use of goad by the Purchaser shall not
ontitum a waiver of any claim under this warmty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximo ly caused by the branch of tiny of the foregoing warrant[.
or gummures, but such liability shall as no event include loss ofprolLs or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Purchaser may Forks, changes in legal tents by wnfm change other
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the taunt, other than legal terrw, including additions to or dnniem front
the gmmitie originally ordered in the specifications or drawings, by verbal or written change order. If my such
change afFcs theamoun, due ar the time M nffiesmma hereunder, an equitable adjustment shall In, made.
6. TERMINATIONS.
The Parch aver may at any time by written change order, terminate this agreement as to any or all portiow of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not he liable for my claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such ndjwtmen be made in
favor of the Stile with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller crony affair obligations as to any goad delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is
will
8. COMPLIANCE WITH LAW.
The Seller menrmnts far all goods sold hereandm shall have been produced, sold, delivered said fumishad in strict
compliance wit all applicable laws tab regulation to which the good are subject. The Seller shall execute and
deliver such documents w may be required to effect or evidence comphance. All lames and regulation raryird to be
ncorporated in agreements of this character am hereby iaoryoratd thwart by this reference. The Seller agrees to
indemnify and hold the Puobner harmless from all ewes and damages suffered by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, Fans@q or convey this order, or any monies due or to become due hereunder without the
prior written conent of the other putty.
10, TITLE.
The Seller warrants full, clew and maddened title to the Purchaser far all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restriction, reservations, security interest
encumbrances and claims of others
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser ill fe Seller to correct nonconforming or defective goods by a date to he agreed upon by the
Purchaser and the Seller, and the Seller Familiar indicates its inability or unwillingness in comply, the purchaser
may cause the work an be performed by the most expeditious ream available to it, and the Seller shall pay all
costs remained with such nark.
The Seller shall release the Purchaser and its contractors of my tier fmm all liability and claims of my whom
resulting from the performance of such work.
This el. adult apply even in the Bent of fault of negligence of the parry arrested and shall extend to the
directors, officers and employees of such party.
The Sellwa continual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be Performed by the Petersen.
Id,. PATENTS.
Whenever the Seller is required to use any design, device, minimal or process covered by letter, Patent, trademark
w copyright, rise Seiler shall indemnify mad save harmless the Purchase from any and all claims for infringement
by rennin of the use of such patented design, device, material or Torras in connection with the contract, and
shall indemnify the Patch.,, for my cos,, 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 cast said equipment, or
any pan thereof or the intended use of the good, is in such suit held m co rstitum 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 la continue using said equipment or parts replace the same with substantially equal but
noninMnging equipment, or modify it sin it theorem noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or uusta for any of the Sellers property or business, this order may forthwith be canceled by the
Puarbem without liability.
16. GOVERNING LAW.
The dationorts oftener used n the interpmaimar of the agreement and the rights of all parties hereunder shall be
construed it. and governed by the laws ofhe State ofC.1wide, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Rapresentative(s), on the premises orothto.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work anther materials before Sellers final completion and
acceptance, complete the work at Settees awn expense and W the satisfaction of the Purchaser. When mammals
and equipment arc fumemed by others for installation or emotion by the Seller, the Seller shall receive, load,
store and handle same at the site and become responsible therefor as though such materials and/or ryuipment
were being Entombed by the Seller uncle, the order.
18. INSURANCE..
The Seller shall, M his omen expense, preside far the payment of workers computational wcleding nvupafter al
disease benefits, to its employees employed an or in conanien with the wnk covered by this purchase order,
=Nor to their dependents in acmNance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive permit liability including, but not limited to, contmetml and norms le public
liability insurance with LMily injury and drat limits of in least 5300,00(i) for my ow person, S900,000 for my
one accident aM proarty damage limit per accident of S400,000. The Seller shall likewise require his
contmetors, Rey, an provide for such compensation and insurance. Before my Mine Sellers or his computers
employees shall do my work upon the premises of afers, the Seller shall famish the Purehwer with a certificate
that such compensation and insurance have been provided. Such caffiente, shall specify the date when such
om,creation and insurance have been provided. Such cenlficates shall specify the date when such compertwtion
and insurance expires. The Seller agree that such compensation and i....a shall be mainmind writ after the
two, ..,it is completed mad accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sell,, hrmby assumes the moire responsibility and liability fur any and all &.age, lass or injury of my kind
or nature whensoever In persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchwer and any
or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or warned. and wbeffia to persons or prwarry to which the Pureheer may
he put or subject by reason of my star, action, neglect, omission or default on the par off, Sella, any of his
contractors, or my of the Sellers or contractors officers, agents in employers. In case my suit or other
proceedings shall be brought against the Furehaser, or its officers, agents or employers at my time on =Want in
by revan of my act, action, neglect, omission in default of the Seller of my of his contractors or my of its or
thm'F on;cers, agents or employees as aforessid the Seller hereby agree In assume the defense thermf and to
defend the same or the Sellers on expense, to pay my war all ens, charges, atto.rys f send other expemes,
my and all judgments that may be incurred by or obtained against the Purchaser in my of its n now officers,
agents or employees in such suits or afar proceedings, sal in ewe judgment or other rim he placed upon or
obtained against the property of the Purchase, or said parties in in as a result ofmch sits in other proceedings,
the Seller will at once muse the same to he dissolved and discharged by giving bond or ofernise. The Seller and
his contractors shall take all safety praautiow, finish and insult all gird mead ws for the prevention of
wardens, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all miss and regulation issued pursuit thereto.
Revised 0712014