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Home My WebLink About468820 GONZALES PLUMBING LLC - PURCHASE ORDER - 9144111PO PURCHASE ORDER 9144111 Page C117/ of PURCHASE 44111 1 of z t Collins( hisnumber must appear ` v ` 1 1�7 on all invoices, packing sli s and labels. Date: 07/21/2014 Vendor: 468820 GONZALES PLUMBING LLC 1209 MARTIN CT LOVELAND CO 80537 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 07/21/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Northside Aztlan CC 1 LOT LS 12,362.90 Replace 10 shower valves to Delta 860T167 to conserve water. refernce quote dated - 5/28/2014per Joe Gonzales 1. (10) Delta 860T167 Auto Shower Valves $ 936.29ea = $9,362.90 2. Labor to install = $3,000.00 3. Total = $12,362.90 Aztlan Community Center _ Contact: James Warren oh# 970-222-3235 Total Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tex mcmptions. By smwm Ne City of Fort Collins is exempt from stain aard local uxn. Our Exemption Numberis 98-01502. Federal Excee Tax Exemption Cedificate of Registry 84�6o0058T is registered with the Collector of Ine mal Revenue, Denver, Colorado (Rer Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REIECFED due to failure 0 meet specificario., either when, shipped or due to defers of damage in transit, may be resumed to you for credit and are not m be replaced except upon receipt of wrinen instructions from the City affair Collins. Inspection. GOODS are subject to the City of Fun Cull ins inspection on amval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in autharized payment on the part of the City of Finn Collins. However, it is to be understood bar FINAL ACCEPTANCE is dependent was completion of all applicable required inspection procedures. Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins CO 80522, unless otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for trucking will not W accepted. Shipment Distance. Uhare manufacturers have distributing points in various parts of the coumry, shipmem as expected from the nearest distribution Point to dmstialion, and excess fight will h deducted from Invoice when shipments art Wide firms greater distance. Pcmrid. Seller shall procure at sellers sole cast all necessuyr Fermi¢, cemfiwtes and liw.es required by all appliable laws, regulations, ordinances and roles of the state, municipality, territory or political a ddi'mum where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work ol'rendor. Seller further agrees to hold the City of Von Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Anlhorizution All parties to this contract agree that the representatives are, in fact, bona fide and possess full and .plena amhmiry In bind said parties ].IMITATION OF TERMS. This Pumhsse Order expressly limits acceptance to the letms and conditions staed herein set forth and any supplementary, or additional Terns and conditions wa exN hereto or incorporated herein by argentine. Any additional or different eam and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery dam as noted. Time is of the essence. Delivery mend perfom r... must be elfedN within the lime stated on the purchase order cod the documents aachN hereto. No acts of rise Punhaers including, without limitation, mcept.ce of partial late deliveries, shill operate as a waiver of this provision In the event army delay, the Purchaser shall have, in addition m other legal and .marble remedies, the option of placing this order clamber, .ad holding the Seller liable for damages. H.a,eq the Seller shall not be liable for damage as a result of delays due m causes not reasonably fr.able which art beyond its reasonable round -it without its fault of negligence, such anti orG.d. Is of civil or military authorities, govemmerial priorities, fires, strikes, flood, epidemics, wan or riots provided that notice of the conditions causing such delay is given m we Farthest, within five (5) days of the time when the Seller first received knowledge thereof. In the event army sach delay, the date o'delivery shall be extended IM the period equal to the time actual ly lust by reaxm of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples .agar other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of rare and competence in accordance with azceptN standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or captain which Hv Purchaser may sufferer incur on account arm, Sellers branch of warranty. The Seller shall replace, repair at make good, without cost m the purchases, any defects or faults arising within one (1) year or within such longer period of time as may be pressrnbN by law or by the terms army applicable wamnry provided by the Seller after the date of a deptwev of the good fuwshed bermader boardroom not to W womanishly delayed), reselling from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstim e a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at I damages proximately crossed by the breach of any of the fortgaing wtrournes or Suarmums, but such liability shall in no event include loss of prefix or loss of use. NO IMPI.1 Ell WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaser may make any changes to the terms, other than legal terns, including additions to or deletions from the qa orh wally ordered in the Nme iticmions or drawings, by veNm o wrown Nange order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall M made. 6. TERMINATIONS. The PureMser may many time by wrinen change rearm termiam This agreement as to any or all fractions of the goals then not shipped, subject to any equitable adjustment between the parties tax to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipmol prowls on He un.mpleed Portion of the goods anger work, For incidental or consequential damages, and that no such Njecament to made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army .(their obligations as ro an, Soad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lennination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and Famished in strict compliance with all applicable laws and regulations; to which the good are subject. The Seller shall execute and deliver such doctunmts as may be required to effect or evidence compliance. All laws and regulations required to h incorporated in agreements of Nis character arc hereby incorporated herein by this reference. The Seller agree to indemnify and hold the Purchaser howdess tram all costs and damages suffered by the Purchaser as a result of He Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, aam@r, or convey this order, or any monies We or as become due hereunder without the Frio, variants . ,a, of the wher party. 10. TITLE. The Seller..is fall, clear and unrestricted rule to He Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, resrictiom, reirmatium, security interest encumbrmces and claims ofothers. I I. NONWAIVER. Failure of the Purchaser a who upon stint wrfcs— of the rents and mtMitims; hereof, failure or delay, to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the crew of a breach, the acceptance arm payment for goods hereunder or approval ofthc design, shall not ml. the Seller of any of me warranties or obligations of Nis purchase order and shall not x, deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies ss to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of Ne terms Wharf 12. ASSIGNMENT OF ANTITRUSTCLAIMS. Seller and the Purchaser recognize that In actual economic practice, overcharges resulting from .liras, mo ,,.Ir. are in fact boom by the Pu min.m. Theretofore, for gaud cause and ns consideration for executing this pmchiu order, the Seger hereby xaii,w to the Purchaer any and all claims it may now have or bereave, acquired ceder federal or stale antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Pardoner pursam w this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dbecti the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser sad the Seller, anal She Seller thereafter indicates its inability or unwillingness to comply, the Probst ray cause He work I. be per6rmN by He most expeditious meta¢ available to it, end the Seller shill pay all casts associated with such work. The Seller shall release the Purchaser and its contractor of any tier from all Radial ily and claims of any .rare resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dox.mrs, oRcers and employees oI rich Irntry. The Sellers nonmetal obligations, Including warranty, shall not be deemed to be reduced, in any way, becomm such work is performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to ton any design, device, whothd or praxis covered by truer, patent trademark or copyright the Sella shall indemnify and anve hermlow the Purchaser from any cod all claims for infringement by reason of the use of such Wterned design, device, mandrial or nowass in ...action with the mammal, and shall indemnify the Purchaser, fur any cost, expense or damage which it may W obliSN 1. pay by rezmn ofsud inRngeno nt at any time during the prosecmio r or aner the completion of the work. In case said equipment, or any par thereof or the intended use of the prod, is in such suit held m..timte inGngement and the use of said eam mint or pan is enjoined, the Sella shall, or its own expense and at its oplien. either procure for the Purolator the right to continue using said equipment or pans, replace the same with su uou rially equal bur noninfringing quipment or modify it so it becomes noninGmging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigtunent for the benefit of creditors, appoint a receiver or union for any of the Sellers property or business, this order wary forthwith be canceled by the Pufchear, without liability. 16. GOVERNING LAW. The definitions of terms used or the imeryretation of the agreement and the rights of at putties hereunder shall be canmued under and porroad by the lax, of the State oFCaI.&, USA. The following Additional Conditions apply only in cases where the Seller is to prK rm work hereunder, including she srnices fSellers Represmutive(s), on Ne premises afothers. 19. SELLERS RESPONSIBILITY. The Seller shall wary on said work at settees awn risk until the same is fully completed and accepted, and shill, in ease of any accident, destruction or injury to He work and/or materials before Sellers final completion and acceptance, complete the work in Sellers own experts, and an the satisfaction or the Purchaser. When materials and equipment are f rmishN by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same an the site and become responsible thertfer in though such materials mgor equipment were being f ishN by the Seller under the order. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, a iu employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also exam comprehensive general liability including, but not limited to, contractual and automobile public liability imvawme, with !daily injury and death limits of at laser S300,000 for any one person SSW." for any one accident and property damage limit per accident of 54e0,000. The Seller shall likewise require his contractors, if any, to povide for such cormensiontion and insurance. Before any of the Sellers or his contractors employms shall do any work upon the pmnius of others, the Seller shall furnish the Purchaser with a certificate Nat such compensaion aaad ine m ax have been providN. Sam canifcates shall specify the doe when such compensation and insurance have been provided. Such .,dfimta shall specify the dam when such manyho. eon and insurance expire. The Seller rpm, Nat such confederation and imurenee short be maintained wril after Ne entire work is completed and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability, for any and all damage, loss w injury of any kind or .tore whatsoever to Versions or property caused by or resulting from the execution critic work provided for in this franchise order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, where, direct or inducts, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglat omission or default on the part of the Seller, any of his contracmrs, or any of the Sellers or ontractors officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchaser, or its officers, agenti or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees to aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the tame at the Sellers own extreme, to Ray any card at l costs, charges, aWmeys fees and other expenses, any and all judgments tit may be incurred by or obtained against the Purchaser or any of its or thew officers, agents or employees in such snits or other proceedings, add in eau jWS m or other lien be placed upon or obtained against the property of the Purchaser, or said parries in or as a result ofsuch suits or other proceedings, See Seller will at once cause the same to bur dissolved.d discharged by giving bond or oNcrwiu. The Seller and his co soccurrs shall take all rarely prttautioa, growth and ..it all Toed na ., far the pmomfion of accidents, comply with all laws and regulations with regard to safety including, but without limilatioq the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant Hereto. Revised 07n014