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HomeMy WebLinkAbout344336 LIND'S PLUMBING & HEATING INC - PURCHASE ORDER - 9146579PO PURCHASE ORDER 914657er Page C117/ of PURCHASE 46579 1 of z Flirt Collins( his number must appear !-\V`I ` V �7 on all invoices, packing sli s and labels. Date: 11/10/2014 Vendor: 344336 LIND'S PLUMBING & HEATING INC 1414 BLUE SPRUCE DR UNIT A FORT COLLINS CO 80524 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 11/07/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 200 Mathews Provide labor, equipment and materials to provide a complete installation of plumbing system to renovate previous restroom. Contact: Chad 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@fogov.com 1 LOT LS 6,576.10 10 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 L COMMERCIALDETAILS. Tux exemptions. By statute the City of Too Collins is exempt from state and local rases. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Cenlficae of Registry 84-6000587 is registered with the Collector of Failure of the purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay so Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starts, 1973, Chapter 39-26, 114 (a). exorcise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due m failure to meet specifications, either whm shipped at due to del B of any of the co.ies or obligation of this purchase.0. and ImiI nut be domed a waiver of any eight of the damage in transit may be rammed to you for could and are not Ira be «placed except upon receipt of wam en parehaur to insist upon mict performance hereofor any of its rights or mnedies as to any such goods, regardless instructions; tram the, Cry of Fort Collins. of when shipped, received or accepted, m b any prior or subsequent default hereunder, nor shall any Imported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tomes Inspection. GOODS arc subject o the City of Fort Collins inspection on arrival. small Final Acceptance. Receipt of the merchandise, services or equipment in response to this Order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pm of the City of Fact Calif.. However, it is to be understood that FIVAL Seller and the Purchaser recognize Nat in actual economic practice, overcharges criminng front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchases. Theratilme, for good cause and as consideation for exeuting this purchase order, the Seller hereby assigme to the Purchaser any and all claims it may now have or hacaner Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., For Collins, CO 80522. anless acquired under (Meal or state antitrust laws for such overcharges refusing 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 acquire by the purhser pursuant as this purchase order. bill must acmmvane invoice. Additional chain. for mickin r will not be accented. Shipment Distance. Where mamfcamerx have distributing points in various parts of the country, shipment is expected from the ncamal distribution point to destination, and excess freight will be dedudM from Invoice when shipments are made from ereacer distance. Permits. Seller shall prmare at sellers sole cast all necessary pcnni5, cmificsam and licenses require by all applicable laws. regolmions, ordinances and mles of else state, mu siciW liry, territory or political subdivision wheat the work is performed, or required by any after duty constitute public authority having jurisdiction over the wok or anchor. Seller further agrees so hold the City of Fort Collins harmless Bom and against all liability and lass incurred by them by commit of an assured or established violation of any such laws, regulatioeu, ordinances, rules and mrrearmants. Authorization All parries to this coarse, agree tlmt the representatives are, in fact, bona Ode and possess bill end complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the is. end candinum stated herein set had and any suM emmeaey or additional terms and conditions annexed hereto or incorporated herein by remance. A, additional ar different temu and mMieious Financed by he, are objected r chat hereby rejected. L DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yam promised delivery date as noted. Time is of the essence. Delivery and performance must be afeded within she time stated on she purchase order and the documents attached hereto. No nets of the Purchasers including without limitation, acceptance of ,finial late deliveries, shall operate as a waiver of this prevision In the event of any delay, the Purchaser shall have, in addition to other legal and soundable remedies, the option ufplacing this order elsewhere and holding the Sella liable for damages. I Iowev,, the Sella'ball not be liable for damages as a result of delays due no causes not rwsowbty foreseeable which are beyond its ceaunable central aad without its fault of negligence, such acts of God, acts ofeivil or military emhavice, govemmental lxriarities, Pius, strikes, Bond. Thinness, was or hots provided that notice of the conditions cooing such delay is given to she Purchaser within five (5) days of the time when she Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for she period equal to the time actually ton by reason ofthe delay. 3. WARRANTY. The Seller warrants Nat all goods, articles, materials and work universal by this aNer will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, arat pert ed with she highest degree of care and con,amnce in mcordence with accepted sundaeds for work of a imilar rarre. The Seller agrees m held the pu.h , hasml.s from any loss, damage or ashram. which the Purchaser may suffer or stated account of the Sellers breach of warrmry. The Seller shall replace, repair or make good, without cast to she purchauq any defects or faults asising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of soy applicable warranty provided by the Seiler after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from indications or defective work done or materials unmusical by the Seller Acceptance or use of goads by the Purchaser shall not onafirte a waiver of any claim under this warranty. Except as otherwise provided in this pumhae, order, the Sellers liability hereunder shall extend to all damages providently caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no evens include loss of perfics or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal to. by on change aNer 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from Ned quinficattes originally ordered in the sped Ocstiom or dawings, by verbal or wifi en change order. If any such change figaas the amount due or she time of sufmmarre hereucater, an equitable dijunmed shall be made. 6. TERMINATIONS. The guidance, nay at any time by wri,sat change maker, terminate this agreement m to my or all p um. of the goods shin not shipped. moral to my nuimble adjtwment between the parties as to any work or mamdals then in progress provided that the Pmchsser shall as 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 lamination shall relieve the Purchaser or the Seiler of any oftheir obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjrWmmr rated he asserted within thin, (30) days from the dine the change or terminasioa is ordered I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heranda shall have been produced, sold delivered and famished in strict compliance with all applicable laws and regulations ax which the goods we subject. The Seller shall execute and deliver such documents as may be cannot to effect or evident, compliance. All laws and negotiations required to be merrymakers in agreements of this character art hereby incor,ma d herein by this refinance. The Seller agrees d indemnify and hold the Purchaser bchmlrss from all tests and damages sufand by the Processor as a result of the Sellers failue to comply wish such law. 9. ASSIGNMENT. Neither party shall assign, transfer, m convey this order, or any meet. due or eo become due hereunder wishom the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title 0 the Puchaser for all equipment materials, and items famished in pert a of this agreement fee and clear of any teed all liens, finam oo, .lime, s,uriry interest mchhmbrunces and claims elements, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct no meadfimming or defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser ,stay cause the work to be Performed by the most expeditions means available In is, end the Seller shall pay all costs associated with such work. The Sell, shall relesse the Purchaser aad his conemdars of any her from all liability and claims of any curt resulting form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party mleuM and shall extend to the dincems. i fens and employees ofsuch party. The Sellers contractual Obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Sellor is required to ow, any design, device, material or pmress covered by leaer, Patent trademak or cepaighL the Seller shall indemnify and save hamhl.s the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost ea,. or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any part thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said ampment or pan is enjoined, she 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 noninfringing equipment or modify it so it becomns noninfringing. 15. INSOLVENCY. If the Seller shall become donations or bankrupt make m assignment for the benefit of creditors, appoint a fixever or trustee for any of she Sellers property or boiness, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation of the agreement and the rights ofall parties hereunder shall be onstried under and geventual by the laws of the State of Colorado. USA. The fallowing Additional Conditions apply only in cases where the Seller is to pets weak hereunder. including she services of Sellers Repreunutive(s), on car preaches afotbers. IT. SELLERS RESPONSIBILITY. The Seiler shall every on said work at Sellers own risk until Ned same is Fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and Ira the sansf c ii n of the Pumhusee. When materials and equipment are famished by others for installation or erection by she Sella, the Seller shall receive, unload, scam aM handle same at the site arc become asponuible shcrefor as though such maecosts stock., equipment were, beings Shed by the Sella under she ants. I S. INSURANCE. The Seller shall, ed his awn expense, provide for Ned payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection wish the work covered by this purchase order, torpor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and eotommile public liability insuance with bodily injury unit death limits of at lea's. S300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of S40g000. The Sella shall likewise quire his contractors, ifmy, to provide for such compensation and incommove. Before any of Ned Sellers or his contactors employces shdl do any wok upon the premises of otio s, the Seller shall Rai the Perchaver with a cenifimre that such comp,smion tend a-.—. have been provided. Such cenificztes shall specify the date what such ompemation and insurance have been provided. Such certificates shall specify the dare when such compensation and insuaace expires. The Seller agrees chat such compeo mis aad .or shall be rnaintamed until after the entire work is completed and accepter. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for my and at I damage, loss or injury army kind or nature whatsoever to persons at property caused by or resulting from the execution of the work provided for an this purchase ord, or in woman. herewith. The Sell, will indemnify and hold harmless she Purchaser and any or all of the Purchasers officers, in. end employees from and against my and all theirs. lass,, damages, charges or expenses, whether direct or indirect, and whether to persom or property, to which the Purchas, may be put or subpart by amon of my act action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officer, agents or employees. In case any suit or other proceedings shall be brought against the Purchases, or its afters, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sell, of any of his contractors or any of its or their ofcers, agents or employees as aforesaid, the Seller hereby agora to assume the defense Neon( and to deferat she same at the Sellers own expense, to nay my and aft evers, charges, attorneys fees and rah, expenses, my and all judgments chat slay he incurred by or obtnimd against the Purchaser or any of its or that officers, agents or employers in such swiss or other preasse rigs, and in case judgment or mtlrer lien be placed upon or obtained against the Impiety of the Phhmhasn, ar said panics in or as a.11 of such chits 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 contractors shall take all safety precautions, famish and iotall all guards necesury for the prevention of accidents, comply with all laws and regulations wish regard co safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursumt thereto. Revised TV2014