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HomeMy WebLinkAbout131769 PATRICK PLUMBING & HEATING LLC - PURCHASE ORDER - 3215250PURCHASE ORDER PO Number Page City Of215250 1 °r z Collins This number must appear Flirt ( ,v`1 ` V " on all invoices, packing �slips and labels. Date: 01/12/2015 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: 01/12/2015 Buyer: 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 1 2015 Blanket Order Plumbing/Maintenance 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0680 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificace of Registry 84-Bo0p587 is registered with the Collector of Informal Revenue, Dnvm Colorado (Rd. Colorado Revised Simores 1973. Chapter 39-26.114 hd Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whin shipped or due in defects of damage in transit, may be resumed to you for credit and are not an be replaced except upon receipt of wrinen innovators from the City of Fort Collins. Inspection GOODS are subject to the City of Fon Collins inspection on anival, Final Areepcmce. Receipt of the merchandise, services or equipment in response in this order can result in mthanxd payment on the pan of the City of For Collins. However, it is or be understood char FINAL ACCEPTANCE is thermal upon completion of all applicable rguired inspection procedures. Freight Terms. Shipments must be F.O.B., City of Pon Collins, 700 Woad St. Tom Collins, CO $0522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be scraped. Shipment Distance. Where manufacturers have distributing points is various parts of the country, shipment is expected from the nearest alsonburion point to domination, and excess freight will be, deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole oust all necessary permits, certificates and licenses requird by all applicable laws, w ttletons, ordinances and rides of the state, municipality, territory or political subdivision where the work is performed or required by any other duly constituted public authodry having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss ineuread by them by reasons of an asserted or emablimd violation ws of my such la, regulations, ordinances, rules and requirements. Aumomation. All parties to this comfort agree that the r,ruccurnives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set form and my supplemntary or additional terms end conditions ennead hereto or Incencrared herein by reference, Any additional or different terms and conditions proposed by seller are objectd 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 noted. Time is of the essence. Delivery and peifmmmce most be affected within the time stated on the purchase order and the documents machad hereto. No acts of the Parchment including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall Out be liable for damages as a rest of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, run ofcivil or military oumonties, governmental prionnes, fires, strikes, flood epidemics, wars or dots provided that notice of the conditions causing such delay is given to me Purchaser within five (5) days of me time when the Seller first received knowledge thereof In the event of any such delay, the time of delivery shall be extended for me pencil equal to the time friendly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples =Nor other descriptions given, will he N for me purposes intended, and performed with the highest degree of care and competence in accordance with accepted mandarin for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmty. The Seller shall replace, repair or make good without cost to me purchaser, my defects or faults arising within one (1) year or within such longer period of rime as may be peferiad by law or by the cams army applicable memory provided by me Seller after me data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gaods by the Purchaser shall not co owteawaverofmyclaimunderthiswsmmno Exceptmotherwiseprovidedinthispurchaseorder,the Sellers liability hereunder shall extend to all damages proximately causal by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4 CHANGES IN LEGAL TERNS. The Purchaser may make changes to legal terms by wratu n change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my chmga to the tenets, other man legal terms, including skinniest to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or winen change order If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may an any time by wrieten change order, terminate this agreement as to my or all portions of me goads men not shipped, subject to my equitable adjustment betty m the parties as to my work or nationals than in progress provided mat me Purchaser shall not he liable for any claims for mticipaal profits on the uncompierd portion of the goods and/or work, for incidental or consequentim 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 beforounon shall relieve the Purchaser or the Seller army of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR AnLSTMENT. Any claim for adjustment muse be asserted within mill (30) days from the date the change or emunadon is ordered. 8. COMPLIANCE WITH LAW. no Seller warrens mat all goods sold hereunder shall have been produced, sold, delivered and famished in tenet compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents ass may be, required to effect or evidence compliance. All laws and regulations required a be ncoryoned in agreements of this drawer are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all mass and damages suffered by the Purchaser as a baud, of the Sellers failure to comply with such law. 9_ ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wrimen consent of the other parry. 10. TITLE. The Seller warrants fill, clear and unramrinad title in the Purchaser for all equipment marmals, and items famished in performance of this agreement fro and clear of my and all liens, restrictions, reservarions, account, interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser 10 insist upon strict performance of the to. and conditions hereof, failure or delay an exercise any rights or remedies provided herein or by law, failure to pronal said fy the Seller in the event of a mash. due acceptance ofor payment for goods hereunder or approval of the design, shall not release me Seller of my of the minorities, or obligations of this purchase order and shill not he deemed a waiver of any right of the puechaser in insist upon since petfom mine hereof or my of its rights or emdies as to my such grads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported mat modification or rescission of this purchase order by Jan Purchaser operate as a waiver of my of the terms hereof 12, ASSIGNSIEN. OF ANTITRUST CLAIMS. Seller and the Purchaser reeregaae that in actual accurearim, practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for god cause and as consideration for eeecudng this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to ounces nonconforming or dilative goods by a doe to he agreed upon by me Purchaser and the Seller, and the Seller thereafter indicates its imbi liry, or unwillingness; a comply, the Purchaser may cause the work to be performd by me mot expeditious means available to it and the Seller shall pay of costs antedated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the performance afsuch work. This release shall apply even in the event of half of negligence of me pate released and shall extend to she sma ers, officers and amployeos of such parry. The Sellels comrecmal obligations, including warmnry, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever me Seller is requird to sea my design, device, material or process covered by Inter, parent trademark or copyright me Seller shall indemnify and nix bamJess the Purchaser from my and all clams for infringement by reason of the use of such parental design, device, material or process in connection with the contraal and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infingement as my time during the prosecution or after the completion of the work. In case said equipment or my 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 night in continue using said equipment or pars, replace the same with substantially equal but noninfnnging equipment or modify it so o becomas wninfnnging. I S. INSOLVENCY. If the Seller shall become insolent or bankrupt make an assignment for me bmeN of credimrs, appoint a receiver Or were, for my of the Sellers property or business, this order may fowith be canceled by the Purchaser M haser without liability. 16. GOVERNING LAW. The deaf itionsoferes usd orthe inceprreution afore agreement mdthe nghtsofall parties hereunder shall be central under and governed by the laws of the State of Colorado, USA. The following Additional Conditime apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represemarive(s), on the premises of others. 11. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellels own risk until the same is fully completed and accep el, and shall, in save of my accident demruction or injury to me work and/or materials before Sellels tmel comploim and aaommer, complete me work on Seller's own expense and to the ndsfaction of the Purchaser. When materiels and equipment are fumishd by others for installation or terseeon by me Seller, the Seller shall receive, unload. store and handle same to the site and become responsible therefor as though such materials and/or 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, a its employees employed on or in connection worn the work covered by this purchase order, and/or to their dependents in acordmce with the laws of the sue th which the work is to he done. The Seller shall also cany comprehensive general liability including, but not limited W. contractual and automobile public liability insurance wiN bodily injury and death limits of at leash $300.000 for any one person, S500,000 for any one accident and property damage limit per accident of f400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller mall famish the Purchaser worn a conifrcae that such comPastation and insurance have bean pmvidd. Such creviefficarvai shall spaify the dare when such compansazion and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agras that such compensation and insurance shall be maintanl unul other the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liahliry for any and all damage, loss or injury of my kind or nature whatmever to Persons or preperty caused by or resulting from the execution of me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hab"= the Pmchzmr and my or all of the Purchasers officers, agents and employees "an and against my and all clams, loses, damages. charges or exposes, whether drat or indirect and whether to persons or pxgm,r to which the Purchaser may be pm or subject by reason of my act, action, neglect, omission or default on me pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of my act, action, nog eta, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as monastic, the Seiler hereby agrees to assume the defense thereof and e defend the same at the Sellers own expense, a pay my and all wars, charges, amomeys fees and omen expenses, my and all judgments that may be incurred by or obtained agai. the Purchases or my of its or weir officers. agents or employees in such suits or other proceedings, and in use judgment or other lira be placed upon or obtained against me pmEnty of the Purchaser, or said porous in or as a recut of such suits or other proceedings. the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiatian, the Occupational Safety and Health Act of 1970 and ON odes and regulsome, issued pursuant theree. Revised! 07/2014