HomeMy WebLinkAbout344336 LIND'S PLUMBING & HEATING INC - PURCHASE ORDER - 9146579 (2)PO
PURCHASE ORDER 914657er Page
City of PURCHASE
46579 1012
' `tCollins( This number must appear
` v on all invoices, packing
sli s and labels.
Date: 1112012014
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 Buver: DOUG CLAPP
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Change Order #1 1 LOT EA 2,500.00
add 11/20/14
ref. scope change dated 10/29/14
-demolition of concrete to
access plumbing (Floor drains)
- replace concrete after drains
are installed
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.mm
Total $2,500.00
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 summ the City of Fan Collins is mempt firs. sustained local taxes. Our Exemption Number, or
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cenifi.am of Registry 84�6000587 is registered with, the Collector of
Failure of the purchaser m insist upon strict performance of the terms and enditions hereof, failure or delay to
Internal Revenue. Demv, Colorado (Ref. Colorado Revised Senators 1973. Chapter 39-26, 114 (a),
exercise any rights at remedies provided herein or by law, fnlum to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not relesse the Seller of
Goods Rejected, GOODS REJECTED due to failure in men specifications, either when shipped or due to defects of
any of the wamumies or obligations of this platinum order and shall not be deemed a waiver of any right of the
damage in trmesit easy he retuned to you for credit add are not to be replaced except upon ,sq, of written
purribsse r to insist upon strict performance hereof., any of its dghs or remedies ss to any such goods, ro ordless
instructions from the City of Fort Calif..
of when shipped received or acermcd, as to any prior or subsequent dafault hereunder, roe shall any purported
oral modification or rescission of this purchase order by the purchaser opera, ses is waiver of any of the rent
Inspection. GOODS ere subject in the City of Fort Collins inspection on crucial.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can , esult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Pon Collins. However, it is to he understood thatFINAL
Sella and the Pmchmer me.,fie, fha[ in ached momme practice, overcharges mining !curs antitrust
ACCEPTANCE is do anch nt upon completion ofall applicable credited inspection procedures.
violations are in fact bame by the Purchaser. Theretofore, for good cauw and as immoderation for executing this
purchase order, the Seller hereby assigns to the Puchaer any end all claims it may now have or hereafter
Freight Tenn. Shipments must be F.O.B., City of Fort Collins, 700 Woad St, Fon Collins, CO 80522. unless
acquired under federal or state antitwt laws for such overcharges reining to the particular goods or services
othein ise specified oa this .,dec If permission is given to prepay freight and chary, separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accomoanv invoice. Additional charges for tacking, will not be scented.
Shipment Dina-,. Where ganufachrers have distributing points in various ports of the country, shipment is
expected Rom the neares, distribution point In da6mtion. and in eass freight will be deduced from Invoice whim
shipments are made from greater distance.
Permits. Seller shall procure, at callers sale cost all necessary permits, cenifiwms and licenes required by all
applicable laws, regulation, ordinances and roles ofhe state, municipality, territory or political subdivision where
the work is performed, or required by my older duly constitute public authority having jurisdiction over the work
of vendor. Seller banner agrees to hold the City of Fan Collin harmless from and against all liability and loss
incurred by them by reason of on nssened or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authoriavtion. All parties in this contract agree that the representatives are, in fact, ham fide and possess full and
complete authority to biad said Fria.
LIMITATION OF TERMS. This Purchase Order expeady limits acceptance to the mint arm condition stated
herein set forth and any supplementary or additional corms and conditions annexed hereto or incorporated herein by
reference. Any additional or different tents and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if yo. exan d make mmpine shipment te arrive on your
promised delivery date as noted. Time is orthe essence. Delivery and performance most 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 punial late deliveries, shall .,crate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, is 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 not be liable for damages as a result of delays
due so auus net immunity, foreseeable which are beyond its reassemble control sod without its fault of mgligimre,
such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or
Hats provided that notice of the conditions causing such delay is given to the purchaser within Eve (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shall be
extended for the period equal to the time actually last by reason of the delay.
3. WARRANTY.
The Seller wmmn s that all goods, articles materials and work covered by this order will margins with applicable
drawings, specifications, samples Login other descriptions given, will be Et for the purposes intendd, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warm ay. The Sellershall replace, repair or make
good, without cost to the purchaser, any defecs or fames adsiug within one (1) year or wards such longer Perid of
time as easy be prescribd by law or by the mama ofany applicable warrant, provided by the Seller after the date of
acceptance of the goods burnished hereunder (acceptance not te be unreasonably delayM), resulting from imperfect
or defective work done a, maerals famished by the Seler. Acceptance or use of goads by the Puchmer 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 all damages proximately excited by the breach of any of the foregoing warranties
or gemomecs but such liability shall in no event include loss of profit or loss infuse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANG ES IN LEGAL TERMS.
The Purchaser may make changes to legal tens, by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes,o the terms, other than legal comes, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by venial or written change order. If any such
change u@cts the amount due or the time ofperfarmance hereunder, an equitable arbitrament shall be made.
6. TERMINATIONS.
The Porchuer may at any time by wdtted change order, terminate this agreement as many or all Remain of the
gaud when not shipped, subject to any equitable adjustment bervreen hie parties n te any work or materials not. in
progress provided that the Patrolman shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good anger work, far incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goad which art the Sellers sandd Sock. No such termination shall relieve
the Purchaser or the Seller army of their obligation n m any goads delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warrnts that all good sold hereunder shall have been produced, sold, delivered and Modified in strict
compliance with all applicable laws and regulations 0 which the goods ere subject. The Seller shall execute ad
deliver such document in may be required to effect or evidence compliance. All laws and regulation nquircd 1. be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Pmcbater harmless from all cost and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall cosign, transfer, or convey this order, or any unions due or to become due hereunder without the
prior written commit of the the, parry.
10. TITLE.
The Seller warrants fall, clear and unmtricted trade to the Purchaser fin all equipment arterials, and items garnished
in performance of this agreement, free and clear of any and all lien, restrictions, mannerism, aecuriry interest
encumbrances and claims of others.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchun directs the Sella to c rnmed nonconforming or defMive good by is date a be agreed upon by the
Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness in comply, the puchaser
may cause the work to be ,,donned by the mast expeditious ream available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall redone the Purchaser add its contractors of any Bier from all liability and claims of my susure
mulling from the performance ofsuch work.
This releue shall apply even in the event of fault of negligence of the pasty maned and shall extend to the
dircenow, ofcers end employees of such parry.
The Seller's contractual obligation, including warranty, shall not be deemed to be reduced, in any way, because
such work u performed or caused to be performed by the Proclaims.
14. PATENTS.
Whenever the Seller is fin drd to use any design,device, material or process covered by Imem 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 process in connection with the contract, and
shall indemnity the Purchaser for any cost, e.,. or damage which it may be obliged fo Pay by ruvson of such
infringement at any time during the prosecmoion or after the completion of the work. In rase said segment or
any par thereof or the intended use of the goods, is in such suit held to constitute infringement and the rase 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
mainfringing equipment, or modify it so it becomes maninfn'nging.
IS. MSOLVENCY.
If the Sella shall become insolvent or baNaupt, make an assignment fin the benefir of credimrs, appoint a
receiver or ounce for any of thc Sellers property or business this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defiunuss of terms used or no interpretation ofhe agreement and the right fall panic hereunder shall be
comaued under and govemd by the laws ofhe Scum of Colorado. USA.
The fallowing Addaioml Conditions apply only is noes where the Sella is to perform work herewden
including the services of Sellers Represan ative(s), on the premim of others
I). SELLERS RESPONSIBILITY,
The Seller shall tarty an said work at Sellers own risk until th, same is fully completed and accepted, card shall,
in ease of any accident, destruction or injury to the work anger materials before Sellers final completion and
acceptance, complete the work at Seller's own existent and to the satisfaction of the Purchase, When materials
and equipment are famished by others for installation or rection by the Seller, hie Seller shall receive, unload,
store and handle more at the site and become responsible therefor as though such masrdals anger equipment
were being famished by she Seller ceder the order.
Igo INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, h it employees employed on or in connection with the work covered by this purchase order,
anger to %air dependent in accordance with the laws of the sure in which the weak is te be done. The Seller
shall also airy comparahereive general liability including, but net limited to, contractual and automobile public
liability insurance with bodily injury and death limit of at least 5300,000 for any one person, S500,f100 for any
e accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his comforters
employees shall do any work upon the premoes of others, the Seller shall famish the Purchaser with a certificate
that such compensation and assurance have been provided Such emifimtes shall specify the date when such
compensation and insurance have been provided. Such rertifirztes shall specify the date whim such coure mation
and imumne, expires. The Seller agrees that such compensation and insurance shall be maintained and after the
entire work is evandered and accepted.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mpomibiliry and liability for my and all damage, lass or injury ofany kind
r nature wharsoever to person or property caused by or resulting from the execution arthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify Lost hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages,
charges or mpen es, whether direct or indirect, and whether to person or property to which the Purchaser may
br put or subject by reason of any not, action, neglect, omission or default on the Pan of the Seller, any of his
comments, or any of the Sellers or contractors officers, agent at cmployecs In win any suit or other
proceedings shall M brought against the puchaer, or its oRcers, agent or employees at any fine on account ar
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or
their omcars, agents or employees as aforesaid, the 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, a ani fees and other expenses,
any and all judgment that may be incurred by or obuwd against the Pochaur or any of it or their officers,
agents or employees in such suits or other proceedings and in mu judgment or other lira be placed upon or
obtained against the pmparty of the purchaser, or said Ironies in in as a malt of such suits or other proceedings,
the Seller will m once cause the same in be dissolvd and discharged by giving bead or otherwise. The Sella and
his rommnors shall take all safety precautions, famish and immll all guards necessary for the prevention of
accidents, comply with at laws and regulations with regard to safety including, but without limitation, the
Oa pF l Safety ad Health Act of 1970 and all roles aad eegulatiom issued pursuant thereto.
Revised 07/ 014