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HomeMy WebLinkAbout102715 HAHN PLUMBING & HEATING INC - PURCHASE ORDER - 9143541PO PURCHASE ORDER 9143541 Page rClty of PURCHASE 43541 1 of z ' `tCollins( Thisnumber must appear ` v on all invoices, packing sli i and labels. Date: 06/23/2014 Vendor: 102715 HAHN PLUMBING & HEATING INC 130 CHESTNUT ST FORT COLLINS CO 80524-2403 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 06/23/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 EPIC Demo existing piping, re-route new piping and fittings as per walk thru and drawings to new hot water storage tanks. Ref. quote dated 6/12/14 - demo existing pipe as per discussion - re-route new piping and fittings as per walk through and drawings - Estimate contains all materials and labor. total: $24,420.00 Contact: Biven Wray 'Ar i 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 24,420.00 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 exemptions. By statute the City of Fart Collins 6 exempt from stale and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict performance of the terms and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to pmmpny notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval of the design, shall not release the Seller of Goods Reported. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defiers of any of the warranties or obligations of this purchase order and shall me be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not ro be replaced except upon receipt of unman purchaser to insist upon strict performance hereof or 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 purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Pon Collins inspes art on wrival. hereof. Final Acceptance. Receipt of the merchandise, se or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. services puffirr ACCEPT payment pe the part of the City of Fart Collins. However, it is m be understood that FINAL Seller and the Purchaser by the pu that in actual economic pmetuse overcharges daus mannaresultingfor from h,antitrustBox ACCEPTANCE is dependent upon completion of all applicable inquiredinspection proeedums, violationsMe rd, fact home hereby Pumhasa Leer Professor and cause itassit may now Carexecutingthis purchase order, the Seller hereby assigns 1s the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F O.D., City of Fart Collins, rOct Waal St, Fort Collins, CO 80522, unless acquired under federal or sense chaser p rsua for such overcharges relating m the paninlar goods or services otherwise specified on this order,dIf penersaon is given to prepay freight and charge separately, the original fi elgM purchased or acquired by the Purchaser pursuant to this purchase area bill muss accompany involve Additional charges for making will not be accepted. Shipment Distance. Where manufacturers have distributing points in varrions pars of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be d ducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and Ilcemn required by all applicable laws, regulations, ordinances and miss of the state, municipality, mrritory or political subdivision where the work is performed, or required by any other duly comtioned public authority having jurisdiction over the work Of vendor Seller further agrees to hold the City of Fort Collins ha arias from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Autbodmlion. All parties to this contract agree that the representatives are, in feet, bun. fide end possess fall and complete authority If bind said panics. LIMITATION OF TERMS, This Purchase Ord, expressly limits acceptance as the terms and conditions scaled herein set forth and any supplementary or additional terms and conditions annexcl hereto or incorporated herein by refernw. Any additional or different teems and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immeduately ifyou cannot As complete shipment to on, on your Promised delivery data as ..,ad. Time is of the assets, Delivery and performance muss be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers 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 fielding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of oegligence, such acts of God, acts of civil or military aushomies, govemmnal priorities, fire, strikes, flood, epidemics, wars or Gets provided but native of she nn&tioms docang such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to the since actually her by reason of she delay. 3. WARRANTY. The Seller warrants that all goods, amides, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pu@oses intended, and pisd mined with the highest degree of core wed confident, it accordance with acceptd standards for work of a similar nature The Seller agrees to hold the purchaser Joni from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall re , plan repair or make good, without cost o the purchaser, any defects or faults arising within one (1) year or within such longer period of lime as may be pmsenbetl by law or by the be. of any applicable warranty provided by she Seller after the date of acceptance of me goods famished hereunder (a reptance nos If be unmasembly delayed), resulting from imperf I or defective wak 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 order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of any of the foregoing wands ies or gupraomax, but sad, liability shall in no event include loss ofp.fta a 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 terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, oNer than legal terms, including additions m or deletion, from the quantities originally ordered in the specifications or drawings, by verbal or woven change order. If any such change affects the amount due or the time ofperformance hereunder, an exposable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mrminam this agreemem as 1. any or all portions of the goo& then not shipped, subject m any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted panion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sells, went respect to any goods which are the Sellers standard stack. No ad, lamination shall relieve the Purchase or the Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or msminahon is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good, sold hereunder shall have been produced, sold delivered end famished is strict compliance with all applicable laws and minimum in which the gas& are subject The Seller shall execute and deliver such documents as may be required to affect or evidenve compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assig, transfer, or convey this order, or any monies due or to became due hereunder without he prior written comma, of the am,, party. 10. TITLE. The Seller warrants fall, clew and unrestricted title to the Purchaser for all equipment, maenads, and items famished in performance of this agreement, free and clear of my and all loom, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser drivers the Seller to correct nonconforming or defective goods by a data to be agreed upon by the purchaser and the Sella, and the Seller thernRer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs a assided with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any unture remhing firm the performance a `mch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch parry. The Seller's command obligations, including ..my, 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, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or pmmxss in connection with she contract, and shall indemnity the Purchased for any cast, expense or damage which it may be obliged to pay by reason of snob infringement at any time during the pmseution or after the completion of the work. In case said equipment, or any pan thernf Or the intended use of the good, 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 noninfnnging equipment, or modify it so it becomes nofdnfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bani:mpt, make an assignment for the benefit of creditors, appoint a receiver or Mw ites far any of the Sellers property or business, this order may forthwith be nceld by the Purchaser without liability. 16. GOVERNING LAW. The dentitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be comwed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreavemolve(s), on she premises of rhea. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in re of any accident, destruction or injury to the work and/or materials before Seller's final completion and emandse, complete the work at Seller's own expense and to the satisfaction of she Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same al Me site and become responsible therefor as thnmgh 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, in is employees employed on or in foundation with the work covered by this purchase order, unNur to their dependents in accordance with the laws of Me scale in which she work is to be done. The Seller shall ,lea carry comprehensive general liability including, but not limited to, commercial and automobile public liability insmmnce with bodily injury and death limits of at four SIDg000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conlmetors, if any, to provide for such compenation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificare that such compensation and insurance have been provided. Such cenificmes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and immune expires. The Seller agrees char such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or vmre whatsoever to persons or property caused by or resulting from the aviation of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Pumbasrs Officers, agents and employees fmm and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his commemrs, or any of the Sellers or contractors Officers, agents or employees. In case any 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 any act, action, neglect, omission or default of the Seller of any of his corumemrs o1 any of its o, their olTrers, agents or employees as aforesaid, she Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, atmmrys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchase or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a resent of such suits or other proceedings, the Seller will at once cause the same to be dissolved and diedwrgd by giving bond or otherwise. The Seller and his contractors shall case all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety inclading, but without limitation, the Occupational Safety and Health Act of 1970 and all miss and regalafia w issued pursuant thereto. Revised 03I2010