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HomeMy WebLinkAbout131769 PATRICK PLUMBING & HEATING LLC - PURCHASE ORDER - 3214144 (2)PO PURCHASE ORDER 321414er Page C117/ of PURCHASE 3214144 1 of z ' `t Collins This number must appear on all invoices, packing sli s and labels. Date: 10/30/2014 Vendor: 131769 PATRICK PLUMBING & HEATING LLC 3600 HORSETOOTH CT FORT COLLINS CO 80526 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/29/2014 Buver: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add funds per req 48399 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 10,000.00 Total $10,000.00 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 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fon Collins is exempt from scam and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser a insist upon stria performance of the toms end condition her af, failure or delay to Earned Revenue, Denver Colorado (Ref. Colorado Rased Statutes DD3, Chapter 39-26, 114 (a), exercise any rights or comedies provided herein or by law, failure to pmmpdy notify thc Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Sella of Goods Rejected. GOODS REJECT ED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in vane, may be retuned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmponed amp mall fication or rescission of this purchase order by the Purchsa operate as a waiver of any of the terms Inspection. GOODS me subject so the City of Fort Collin inspection on arrivl. hercaf. Final Acceptance. Receipt of the merchandise, unites or equipment in response he this order can result is 12. ASSIGNMENT OF ANTITRUST CLAIMS. vutho anal payment an the prat of the City of Fiat Collins. However, it is to Ire andentood that FINAL Seller and the Purchaser recognize that in actual a is practice, ovacharga resulting firm antimat ACCEPTANCE is dependent upon completion of all applicable squired inspection procedure, violations arc in fact bone by the Purchases. Themofore, for good cause and or consideration for executing this purchase order. the Seller hereby assign to the Purchaser any and ail claims it may now have or berenner Freight Terms. Shipments all M F.O.B.. City of Pon Collins, 700 Wood St., Fiat Collins, CO 80522, unless acquired under federal or state antimut laws for such overcharges relating to the particular goods Or services otherwise specified on this Order. If permission is given to prepay freight and charge separately, the Original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice Additional charges for Decking will not be accepted. Shipment Distance. Where manufacturers have dimibuling points in us pros of the country, shipment is ext ernal al from Ne nearest distribution point to destination, ad excess freight will be deducted from Invoice when shipments are made from grosser durance. Permits. Seller shall procure m tillers sole cost all nxessary permits, cenificatcz and littnes fintrud by all applicable lags, regulations, ordinances and roles of the stare, municipality, carbon, or political subdivision where the work is perfarmed, or required by any other duty constituted public authority lusingjaisdiction ova the work of vendor. Seller further agrees to hold the City of Fan Collin harmless rut and against all liability and loss Incurred by them by reson of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the reprexmalives are, in fact, bona fide and passers full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acrapmnce Ite the terms and conditions stated herein m forth and any supplementary or additional terms and conditions armexed hereto or incorporated berrin by reference. Any additional or different terms and conditions proposed by seller care objected b and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to agree on ytem promised delivery dam as noted. Time is of the essence. Delivery and performance most be effected within the time staled on the purchax order and the do erne rs attached M1aem. No was of the Purchasers including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addilian tp tither legal and tyuiuble remedies, the option ofplacing this order elsewhere and holding de, Seller liable for damages. However, the Seller shall not be liable fir damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such aces ofGad, ants afrood or military authorities, governmental priorities, Tres, traders, Dead, epidemics, wars or rims provided that notice of the condition musing such delay is given to the Purchaser within five (5) days of the time when the Sella fast received knowledge thereof In the cent of any such delay, the date of delivery shall be extended for %e peril egrml to Be, time actually loot by reason ofthe delay. 3. WARRANTY. The Seller warrens that all goods, articles, mamdals and work covered by this order will conform with applicable drawings, specifications, samples xxi other descriptions given, will be Er for the purposrs intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar figure. The Seller agrees to hold the pumbaur broadens from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warrur ty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (0 year Or within such longer 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 goad famished hereunder (acceptance Out to he incalculably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by she Particular shall not coneime a waiver of any claim under this warranty. Except as oNerwiu provided ir this purchase order, she Sellers liability hereunder shall extend to all damages proximately caused by the breach of ivy of the foregoing commodes or guarantees, but such liability shall in no event inches¢ loss of profits or loss 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wdnen change arch. If any such change affects the amoanl due in the time of performance hemeMer, an equitable adjustment dull be made. 6. TERMINATIONS. The Purchaser may at any lime by wrinrn change order, terminate Nis i gneemeat as many or all potion of the goods then not shipped, subject to any equitable adjuvmmt becoming the panics n many work or materials then in progress provided that the Purchaser shall not be liable for any claims for agairic red pnoru on the uncomplad portion of the goods grafter work, for incidental or consequential damages, and that no such adjostment be made in favor of the Sella with ogivat to any goods which are the Sellers standard stack. No such lamination shall relieve tire Purchaser or the Seller ofuny of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for achievement must be warned within thirty (30) days rut the date the change or imagination is ordered. I. COMPLIANCE NTfH LAW. The Seller wamans char all goods sold hereunder shall have been produced sold delivered and f ished in stria compliance with all applicable laws aM regulations to which the good art subject- The Seller shall execute and deliver such doctunms as may be required to effect or evidence compliance. All laws and regulations requital to be incorporated to agremerns Of this chomdu are hereby incorporated herein by Ws reference. The Sella agrees to indemnify and hold the Purchner harmless from all casts and damages suffned by me Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shun resign, transfer, or convey this order, or any monies due or to become due hereunder without the prior woimen an of the other puny. 10.TITLE. The Sella wamnrs fill, clear and umcsmictd title to the Pmcham for all equipment, materials, and items burnished m performance of del War.., free and clear of any and dl pleas, restriction, .lion, everm, interest rncumbeences and claims of others. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to correct nonconforming or defeafve goods by a date to be agreed upon by the Purchner and the Seller, and the Sella thaeana indicates is irubipily or unwillingness to comply, the Purchner may cause the work to be performed by the mast expeditions mean available to it, and the Sella shall pay all costs associate with such work. The Seller shall relmu the Purtitaser and is comracmrs of any her from all liability cad claims of any returt resulting rut the performance ofsuch work. This release shall apply even in the event of fault of negligence of the puny releaed and shall extend to the directors, oRcas and employees of such pony. The Sella's contractual obligations, including warranty, shill not be deemed to be ordered, in any way, because such work is performed or caused to be performed by the Pumba er, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, patent trademah or copyright, the Seller slain indemnify and save harmless the Purchner from any and .It claims for infringement by reason of the use of such pmmted design, device, material or progan in connection wrN the mntraz, and shall indemnify the Purchaser for any cos, expense Or damage which it may h obliged to pay by mown of such infringement at any time during the prosecution or after the completion of the work. In case said ar ipmen, or any pan thereof 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, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfriaging equipment, or modify it sec it becomes naninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bard mp, make an assignment for the bercN of ciedears, appoint a ficeiven or trusts for any of the Sellers property or lateness, this order may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definition ofmrns used or Nc interpretation ofthe agreement not the rights of all parties hereunder shall h consumed under and greened by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cans where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. IZ SELLERS RESPONSIBILITY. The Sella shall carter tin said work at Scllcrs own risk until she same is fully completed and accepted, and shall, in au of any aceiden, destruction or injury to the work avNm mmerials before Sellers final completion and azceptanue, complete the work as Sellers own express, aM to the satisfaction of the Purchaser. When materials card equipnomet art famished by others fro inmllation an auction by the Seller, she Sella shall receive, unload, score and handle same at the site and become responsible therefor os though such materials aadfor equipment were being famished 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 in connection with the work covered by this purchase order. anchor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contacted and automobile public liability inmance with bodily injury and death limits of at least 53W,W for any one person, $500,000 for any accident and property damage limit per accidem of 5400,Ooo. The Sella shall likewise require has eVntraetars, Hray, to provide for such mmpeaaation ail inurme<. Before any of the Sellers or has mntracmrs employees shall do any work upon the premises of orders, the Sella stall famish the Purchaser with a certificate that such compensation aM insurance have been provided. Such certificates, slash specify me daze when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained =if aRa the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENT S AND DAMAGES. The Seller hereby normal the entire responsibility and liability for any and all damage, loss or injury, of any kind to. what area to Persons Or property caused by or resulting from the execution of line work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold homeless the Purchner and any r all of the Purchasers officers, agents and employees rut and against any and all claims, loses, damages, charges or expenses. whether direct or in die c, ad whether to person or property W which the Purchaser may be put or subject by reason of any ere, action, regass, omission or default on the pan of the Sella, ivy of his ..a., or any of the Sellers or mnowears otTcers, agam or employees. In case any suit or other proceedings shell be brought against the Poindexter, or its officers, agents ur employ er at any time on account or by reason of any act, anion, ncgla, omission or default of the Sella of any of his contractors or any of as or their officers, agents or employees as, reforasaid, the Seller hereby agrees to ssmme the defense thereof and to defend the same in the Sellers own apa., to pay any and all costs, charges, anomrys fees and other expenses, any and all judgments that may be incurred by or created against the Purchaser or any of its or their officers, agents or employees in such nits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchner, or said parties in or as a result of such suits or other proceedings, the Seller will at once argue the same to M dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall rake all safety pmamiom, fumuh and install all guards rucessvy fro the pr vatim of accidents, comply with all ball and regulations with regard to safety including, but without limitation, the Occupational Safety am Health Act of 1970 and all rates and regulations issued pursuant da raw. Revised 07nO14