HomeMy WebLinkAbout468820 GONZALES PLUMBING LLC - PURCHASE ORDER - 9150232Fort Collins
Date: 01/13/2015
Vendor: 468820
GONZALES PLUMBING LLC
1209 MARTIN CT
LOVELAND CO 80537
PURCHASE ORDER
PO Number Page
9150232 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: 01/13/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Blanket Order 1 LOT LS 25,000.00
Plumbing Services
to cover the cost of miscellaneicus plumbing services
for fiscal year 2015. All services shall be
ordered by City Facilities department only.
All completed services 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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cealfcare of Registry, 84-6000587 is registered with the Collector of
Failure of the Pure6asef to insist upon start Performance of the tams and conditions hereof. failure or delay to
Internal Revenue Deaver. Colorado (Ref. Colim& Raised Statater 1923, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evert of
breach, the mceptance ofm payment fm goad hereunder a approval offt deign, shall not release the Seller of
Goods Rejected GOODS REIECFED due to failure to in. specifications, either when shipped or due to defects of
my of the warranties in Obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in Vomit, may be natural to you for credit and art tat to be, replaced except upon receipt of wrin m
Purchaser to insist upon avict per( ante hermfor my of its rights or remedies in to my such goods, regardless
imtumions from the City of Fon Collins.
of what shipped, received or accepted, M is any prior in subsequent default hereunder, nor shall any purpmud
coal modification or rescission of this prowharse order by the Purchaser opean M a waiver of any of the Rrna
Inspection. GOODS are subject on the City of Fort Collins mspectow oa anical.
harcmf.
Final Acceptance. Raisins of the mada ndiu, services or equipment in response to this alder can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mthorio d ryymad an the prat of the City of ran Collins. However, it is in be andamod that FINAL
Seller and the Purthucer recognize that in mtual economic proctitt, overcharges resulting from wdIdMI
ACCEPTANCE is dependent upon completion of all applicable requbad impaction procedures.
violations see in fact home by the Purchaser. Theretofore, for good came snd M consideration for executing this
purchase order. the Sella hereby assigns a the Purchaser any and all claims it may now have or hereafter
Freight Tema. Shipments mast be P.O.B., City of Far Collins, IN Wood SL, Fort Collins, CO 90522, unless
acquired under federal or stare mtitmst laws for such Macedonia rclaring in the particular good or seine c
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the PacbMer Forward to this parch.ee order.
bill most accomvanv, invoice. Additional charges for making will not be accmted.
Shipment Distance. Where manufacturers have distributing points in various pails of the country, shipment is
expected from the neuron distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from grwW donewc
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules cribs state, municipality, tonicity or political subdivision where
the work is perforation, or required by any other duly constituted public authority havingjurin iction over the work
of vendor. Seller further agrees to hold the City or pun Collins harmless fro and against all liability and loss
incurred by than by reason of an con ed or established violation of any such laws, regulations, ordinances, ales
andrwulremwts.
Authorization. All panics to this contract agree that the representatives are, in face, bona fide and possess full and
complete authoriry to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terra and conditions propowd by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immeduccly if you carom make complete shipment to arrive on your
promised delivery dare M noted. Time is of the essence. Delivery and performance most b<ellccud within the time
stated on the purchase order and the documents pushed hereto. No was of the Purchasers including, without
li numion, acceptance of partial late ddwaiau shall imam an is wisiva ithis provision. In the mint ofany delay,
the Pachuca shall have, in addition to other legal and equitable ranedies, the option of placing this order elsewhere
and holding the Seller liable for damages. Unnerve, the Seller shall not be liable for damages M a result of delays
due to causes Out reatombly foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of God, sets ofcivil or military authanties, govemmrnul priorities, fires, strikes, Dodd, epidemics, wars ar
riots Provided that notice of the conditions caring such delay is given to the Pmchaur within five (5) days of the
time when the Sella first received knowledge therm[ In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually Ian by reason office delay.
3. WARRANTY.
The Sella warrmb that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, aamples and/or other dacriptions given, will be ❑t for the purposes intended, and
performed with the highest degree of core and competence in accordance with accepted standards for work of a
radar wrote. The Sella agrees is hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time M may be pracnbed by law or by the term Of my applicable warranty provided by the Seller after the date of
acceptance of the goods fumishal hereunder (acceptance Out to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except M otherwise provided in this purchase stile, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or gumantees, but such liability shall in no event include loss ofp ofits or lass of Me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchma may make changes to legal teats by Orion change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal laws including additions to or deletions from
Me 9uamitin originally ordered in the sPai6wtiom or drawings, by verbal or wrinen rating, oNn. If any such
change aftects the amount due or the time ofperformance hereunder, minimitable adjustment shall be Nude.
6. TERMINATIONS.
The Purchaser may or any tins, by ".a change area, temtiwte this agrteme , as to any or all portions of the
goods then not shipped, subject to my equitable adjwarrom between the parties M to my work or materials then in
progress provided that On, Purchaser, shall not be liable for any claims for mticipated Profits m the urnmmpleted
ponim of the good andfor work, has incidental or consequential damages, and that no such adjustment be made in
favor of the Sella with respect to any good which are the Sellers standard sack. No such termination shall relieve
the Producer or the Seller of my oftheir Obligations M m any goads delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any Claim for adjustment most 4 acswed within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella sea 1, that all gands sold herewder shall have been produced, sold, delivered and fumished in strict
compliance with all applicable laws and regulations to which the goods arc subject The Sella shall execute and
deliver such documents M may be, required to effect or evidence compliance. All laws and regulations required to be
incoporaed in agreements of this character are hereby incomo ated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cMts and damagM sailboat by the Purchaser M a result of the
Sella failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to Fannie due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller wanams full, clear and unrestricted title m the Purchase, for all equipmmt materials, and it. fumuhed
in Perfermmce of this agreement, free and clew of any and all new, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coned nonconforming or defective good by a date to be agreed NO by the
Purchaser and the Sella, and the Seller therwRer indicates its inability or unwillingness to comply, the Tambour
may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its codracmrs of any tier from all liability and claims of any aware
ranking from the parma ow, of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
duccrors, officers and employees of such party.
The Seller's contractual 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 Purchaser.
14. PATENTS.
Whenever the Seller is required] to use any design, davit, maaial a process mvead by letter, Wtem, trademark
or copyright the Sella shall indemnify and save hamdas the Puchaser from any and all claims for infringement
by reason of the use of such putented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, wparn or damage which it may be obliged to pay, by ..a of such
impingement at any time during the proseeuton or after the completion of the work. In ease said equipment or
any par thereof or the intended use of the goods, is in such suit held to combat infringement and the use of
said equipment a pun is ajoined, the Seller shall, at its own expense and a its option, either procure for the
Purchaser the right to continue Ming said equipment or pans, replan the gone with substantially equal but
mmninfinging equipment, or modify it v it becomes oowafinging.
15. INSOLVENCY.
If the Seller shall become iraohad or bargains, make an assigmnent for the benefit of creditors, appoim a
receiver or trstai for any of the Sellers pmperry or business, this order may forthwith be raru<Id by the
prorchuer without liability.
16. GOVERNING LAW.
The definitions of terms Med or the imerytctation ofthe agreement and the rights of all panics hereunder shall be
conseued under and governed by the laws ofh, Some ofCclomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the smicM of Sellers Reprevermive(s), an the premises of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in u of any accident, concocting of injury to the work and/or materials before Sellers Final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mmedals
and equipment are fandshed by others for urbillaio r or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and baome responsible therefor M though such minerals and/or equipment
were being furnished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
divan benefits, to its employees employed on or in connection with the work covered by this purchase order,
mdror to their defenders, in accordance with the laws of the stare in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance winh bodily injury and death limits of to less, 5300,000 far any one person. $5M1xq for any
one accident and property dvnage limit pa accident of 5400,000. The Sella shall likewise require his
conduction. it any. to provide for such compensation and insurance. Befom my of don Sellers or his cornractms
employers shall do any work upon the premises of others, the Sella shall famish the Purehssa with a catiftcale
that such enmfemaum and i ourance have been provided. Such cenifiwtes shall specify the dam when such
compensation and insurance have been provided Such renificates shall specify the date what such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be candowned until after the
.few work is complaed and eccepsed.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby ass es the entire rcspomTiliry and liability for any and all damage, loss m injury of my kind
or nature whatsoever to parsons or property coursed by or handling from the axmfn oflh<work provided for in
this purchase order a in correction herewith. The Sella will indemnify will hold harmless the Pardoner and any
or all of the Puritans offices, agents and employees fmm and against my and all claims, losses, damages,
charges or expenses, whether direct on inducer, and whether to persons of pmpary to which the Purchma may
be put or subject by remon of my act, artion, neglect omission or default on the pan of the Sella, any of his
comments, or any of the Sella or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its oDicem, agents or employees at any time on account or
by remain of any act, action, neglect omission or default arrive Sella of any of his contactors or any of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees to nature the &ran thereof and to
defend the some at the Sellers own expense, to pay any and all costs, charges, anameys fees and ether expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my Of its or their officers,
agents or employees in such suits or other proceedings, and in can judgment or Other lien be placed upon or
obtained against the property, of the Purchaser, or said parries in Or in a result of such suits or Other proceedings,
the Seller will at matt cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety promotions, 16m¢h and instill all guards necessary for the prevention of
accidents, comply with all laws and regulation with regard to sandy including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 07n014