HomeMy WebLinkAbout468820 GONZALES PLUMBING LLC - PURCHASE ORDER - 9141516Fort Collins
PURCHASE ORDER
PO Number Page
9141516 1012
This number must appear
on all invoices, packing
slips and labels.
Date:
03/12/2014
Vendor:
468820
Ship To:
OPERATIONS SERVICES
GONZALES PLUMBING LLC
CITY OF FORT COLLINS
1209 MARTIN CT
300 Laporte Avenue
LOVELAND CO 80537
Building B
FORT COLLINS CO 80521
Delivery Date: 03/11/2014
Buyer: DOUG CLAPP
Note:
Line
Description
Quantity
UOM Unit Price Extended
Ordered
Price
City Hall
Replace 9 toilets w/water svrs
reference quote 2-19-145
per Joe gonzales
- 9 Zurn Z5615 WH Toliet w/ Seat
and 1.28GPF auto Flush
valves - $466.66 each = $4,199.94
- Labor to remove old toilets and
recycle, and install new toilets - $1,710.00
Total = $5,909.94
Contact: Mel Winden
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
5,909.94
Total
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
1. COMMERC]ALDETAILS.
Tax exemptions. By slaNtethe City of Fort Collins is exempt from shouted local taxes. Our Exemption Number is
ILNONWAIVER.
98-04502. Federal Excise Tax Exemption CMificate of Registry M-6000587 is registered with the Collector of
Failure of the Portman to insist upon sales permanence of the lama and conditions hereof, fv'lure or delay to
Internal Revenue, Drover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or families provided herein or by law, failure to promptly notify be Seller in the event of a
breach. Ne acceptance of or payment for goads hereuMer o1.11.1.1 of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase under and shall not he deemed a waiver of any right of the
damage in transit, may be resumed to you for credit and are not N be replaced except upon receipt of written
Purchaser 10 insist upon dries performance hereofor any of its rights or families az to any such goods, regardless
instructions from the City effort Collins,
of when shipped, received or accepted, as N any prior or subsequent default hereunder, nor shall any Trimmed
oral modification or rescission of this purchase order by the Puchue, operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of port Collins inspection on amval.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipmenl in response to this order canresult in
12. ASSIGNMENT Or ANTITRUST CLAIMS,
authadzed payment on the part of the City of Pon Collins. However, it is to be understooda that FINAL
Seller and the Purchain recognize that in actual economic practice, overcharges resulting form antitrust
ACCEPTANCE is dependent upon completion of al I applicable rammil impmtion procedures,
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for acaming this
purchase order, the Seller hereby assigns N the Purchaser any and all claims it may now ave or hereafter
Freight Terms, Shipments most be F.O.B., City of FOR Collins, 700 Wood St, Fort Collins, CO 80522. unless
acquired under federal or state antitrust laws for such overcharges filming to the particular goads or services
otherwise specified m this order. If permission is given m prepay freight and charge separately, the original freight
purchased or acquired by the Purchases Pursuant to this purchase maker.
bill must.company invoice. Additional charges for packing will mot for mceprd
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Disease. Where manufacturers have distributing pointy in carious pans of be roomry, shipment is
If the purchaser directs the Sella to concert nonconforming or defective goods by a date to he agreed upon by be
expected from the nearest donabulion point to destimrim, grad excess ieighl will Isc deduced from Invoice when
PNchasn and the Seller, sal the Sella thenmRer indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greases distance.
may cause the work m be pert ed by the most republic. means available to it, and the Seller shall pay all
casts associated with such work.
Patents. Sella shall procure at sellers sole cost all necessary parmin, certificates and licenses required by all
applicable laws, regulations, ordinonces and holes of the state, municipality, territory or Political subdivision where
The Seller shall release the Purchaser and its contractors of any tier firm all liability and claims of any nature
the work is performed, or required by any other duly amalnued public mNority having jurisdiction over the work
resulting from the performance ofsuch work.
of vendor. Seller former agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by .,an of an asserted Or established violation of any such laws, regulations, ordinances, talcs
This releue shall apply even in the event of fault of negligence of the pray released and shall extend to the
and requinnumni.
direemrs, olicas and empbyees of mch pan,.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 1. be terms and condiriom staled
herein set forth and any supplementary, or additional temp and conditions annexed heran Or incorporated herein by
refererce. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as nomd. Time is of the essrner. Delivery end perfommtt must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance Optimal late deliveries, shall operate as a waiver of this provision. In the rent of any delay,
the Purchaser shall have, in addition 10 be, legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable far damages. However, Ilse Seller ball not be liable for danmges as o ratil of delays
due m am. not reasonably foreseeable which arc bn and its reasonable con"] and indoor its fault of negligence,
such acts of Gad, nets of civil or military authorities, govemmmtal priorities, fires, strikes, Rood, epidemics, wars or
Hors provided that notice of the conditions causing such delay is given N the Pufchuer within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, be date of delivery shall IN,
extended for the period equal to be time actually lost by game ofhe drlay.
3. WARRANTY.
The Seller warnings but all goods, articles, materials not work covered by Nis order will conform with applicable
drawings, speifivelions, samples mods., other deuriptiora given, will be fi, for be oropmes imended ab
performed with the highest degree of rare and competence in accordance with accepted standee, for work of a
similar mtme, The Sella agrees t. bold the purchaser hmmless fmm any loss, damage or expense which the
Purchaser may suffecor incur on account of the Sellers breach of wmanty. The Seller shall enlace, repo it or make
good, without cost in the purchaser, any defects or faults arising within one (I) year or within such ranger period of
time as may be presmW by law or by the terms of my applicable warranty provided by the Seller after the dune of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resuling from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase code, the Sellers
liability hereunder shall extend to al I damages proximately caused by the breach of any of the foregoing warranties
or gmmnlegs, but such liability shall in no even) include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terra by written coon, order.
S. CHANGES IN COMMERCIAL TERMS.
The Purtaser may nuke any changes to the temp, other than legal terms, including rel itimn to or deletions from
the gminnfro migirally ordered in be specifications or drawings, by verbal or change arder. If my such
change affects thee.., due or the time flovieomame himmder, an equitable adjustment saes be monde.
6. TERMINATIONS.
The Purchaser may at any time by written change older, terminate this agreement as to any or all Wnions or the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided Nat the Purchaser shall net be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to my goods which are the Sellers standard stock. No such emination shall relieve
the Purchaser or the Sella many oftheir obligations as many goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be aserted within shiny, (30) days from the date the cange or temainstion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold heeunder shall sae been produced, said, delivered and fumishd in strict
compliance with all applicable laws and regulations to which be goad are subject The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and egulations required b be
incorpommd in agaeements 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 Purchases u a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or N became due hereunder without he
no., wrote consent oldie other pony.
10. TITLE.
The Sella warrants full, clear and ancestricted tide to be Purcaur for all ampmmr, materials, and items ( ishd
in performance of this agreement, f and clear of my and all lines, restriaiom, rraenations, security interest
enclmb areas and claims affinities.
The Sellers contractual obligations, including wangry, shall not be deemed to be reduced, in any way, because
such work is performed or caused m be per( ndby the Purchuer.
14. PATENTS.
\Vheneser be Seller is required to use any design, deice, material or process covered by later, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser( my and all claims for infringemem
by mason of the use of such patented design, device, material or process in connection with be comma mJ
shall indemnify be Purchuer for any cost, expense or damage which it may be obliged N Pay by reason ofsuch
infringement at any time during the prosautim or aRa the completion of thc wok. In case said equipment, or
any pat theeof or the intended me 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 in its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninldngimg equipment or modify it so it becomes noninfringing.
15. WSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
Pmchaor trustee for any of the Sellers property or morma, this beer may forthwith be canceled by the
ttr without liability.
16. GOVERNENG LAW.
The definitions of teens aged or the interpmadm ofthe agreement are die rights ofall ponies hereunder shall be
construed order gird governed by the laws ofthe Stele ofColom k, USA.
The ballroom, Additional Conditions apply only in rays where the Seller is to Perform wok herennM.
including me services of Sellers Represmtaive(s), or the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Sella shall can, on said work at Sellers awn risk until the same is fully completed and accepted, and shall,
iare of any accident destruction or injury to the work curb., materials before Sellers final completion and
arceptaner, complete the work m Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are fumishd by others for installation of erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being f rmishd by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or is correction with she work covered by this purchase order,
and/or to their dependents in accepance with the laws of the sate in which the wok is m be done. The Seller
shall also carry comprehensive general liability including, but not limited m, contmcrml and automobile public
Imbiliy insunnee with UWily inla'Y and death limits oral lease S300,000 for any one person, S500,IX0 for any
one accident and frequency damage limit Per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such comlerw'ati.n and marriage. Before my of die Sellers or his contraction
employees shall do any work upon the praises of others, the Sella shall famish the Purchaser with a eeniicam
Out such compensation and insurance have been provided. Such ciatificams shall specify the date when such
compensation and insurance have been provided. Such cmiicales shall specify me date when such compensation
and insurance expire. The Seller ogees that such compensation and insurance shall be maintained until offer the
entire work is completed and somptd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or mere whemo ver to Persons or property caused by or retelling firing the execution of the wok provided for in
Nis purcax order or in conoeaim heewith. The Sella will indemnify and hold harmless the Pooltaar and any
ne all of be Purchasers officers, agents and employees fmm and against my teed all claims, losses, damages,
carges or rMs rears, whether direct or indirect, and whether to persons m pmpeny to which the Purchaser nay
be put or subject by reason of my m4 action neglect, omission or default on the part of the Seller, my of his
announce, or any of the Sellers or contractors alicem, agents or rmployms In ease my suit or other
proceedings; shall be brought against the Purchaser, or its officers, agents m employees at my time on account or
by reason of any act, action, nation, omission or dethult of the Seller of any of his contractors or my of its or
their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to
defend the vane a1 the Sellers own expense, N pay any and all costs, changes, atu rreys fees and other expenses,
my and all judgments that may f incurred by or obtained against the Purchase or my of its or their omcau,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of mch 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 contactors shall take all safety precautions, famish end install all goords necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03RD10