HomeMy WebLinkAboutresolution.council.129-23RESOLUTION # 129
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND BISHOP PLUMBING & HEATING, INC. AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
purchase and installation of three new gas FTXL Fire Tube Boilers, manufactured
by Lochinvar, to replace the three failing Patterson Kelly boilers currently installed
at the Wheeler Opera House, between the City of Aspen and Bishop Plumbing &
Heating, Inc., a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
the purchase and installation of three new gas FTXL Fire Tube Boilers, between
the City of Aspen and Bishop Plumbing & Heating, Inc., a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12' day of September 2023.
-R�
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, September 12', 2023.
Nicole Henning, City fClerk
ti
i
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A
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CITY OF ASPEN STANDARD FORM OF AGREEMENT - V2023 CITY OF ASPEN
SUPPLY PROCUREMENT AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2023-326
AGREEMENT made as of 25th day of August, in the year 2023.
BETWEEN the City:
The City of Aspen
c/o Wheeler Opera House
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Professional:
Bishop Plumbing & Heating, Inc
c/o Kristin Davis
5080 Country Road 154
Glenwood Springs, CO 81601-9320
970-945-9910
kristinO,bishopplumbing.247.com
For the Following Project:
Contract Amount:
Total: $311,194.53
If this Agreement requires the City to pay an
amount of money in excess of
$50,000.00 it shall not be deemed valid until it
has been approved by the City Council of the
City of Aspen.
City Council Approval:
Date: September 12th, 2023
Resolution No.: 129
This equipment purchase and installation will update and replace the three failing Patterson Kelly
boilers with new gas FTXL Fire Tube Boilers, manufactured by Lochinvar.
Exhibits appended and made a part of this Agreement:
Exhibit A: Bishop bid proposal, including scope of work, estimate, and warranty.
Exhibit B: Lochinvar Warranty
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The City and Professional agree as set forth below.
SUPPLY PROCUREMENT
1. PLirchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or
materials as described in Exhibit A, appended hereto and by this reference incorporated
herein, Tor the sum of set forth above.
2. Delivery. FOB 320 E Hy -man Ave Aspen CO 81611).
3. Contract Documents. This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties. See Exhibit B.
5. Successors and Assign . This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than November P. 2023. with the installation and operation of all the equipment no later than
November P 2023. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The rates for work performed by Professional shall not
exceed those rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed to
by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
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9. Dion-Assignab-itli. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub -contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion the
City shall determine that such cancellation is in its best interests and convenience.
11. Temiination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this Agreement
by the Professional, and the City may withhold any payments to the Professional for the purposes of
set-off until such time as the exact amount of damages due the City from the Professional may be
determined.
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposcd or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in
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whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission,
error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend
against, any such liability, claims or demands at the sole expense of the Professional, or at the
option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the
City in connection with, any such liability, claims, or demands. If it is determined by the final
judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole
or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall
reimburse the Professional for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims -made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS
($1,000,000.00) disease - each employee. Evidence of qualified self -insured status
may be substituted for the Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
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(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
include coverage for explosion, collapse, and underground hazards. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1, 000, 000.00) each occurrence and ONE MILLION DOLLARS
($1, 000, 000.00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract..
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS
($2,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and
the City's officers and employees as additional insureds. Every policy required
above shall be primary insurance, and any insurance carried by the City, its officers
or employees, or carried by or provided through any insurance pool of the City, shall
be excess and not contributory insurance to that provided by Professional. No
additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations.
The Professional shall be solely responsible for any deductible losses under any
policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immcdiatcly terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
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(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
15. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
18. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570,
pertaining to non-discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
20. Execution of AgLeement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
21. Warranties Against Contingent Fees Gratuities Kickbacks and Conflicts of Interest.
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(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;,
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
22. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City utilizing state or federal funds to
meet its obligations herein, this Agreement shall be contingent upon the availability of
those funds for payment pursuant to the terms of this Agreement.
23. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
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(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
24. Electronic Signatures and Electronic Records. This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not Jo object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF A(SPFA'4:"ORAD0:
PROFESSIONAL:
SA,V'a G. �
pnc.arynea ny:
�a iS{ t' PAWS
2DA40214EE5g428 _
[Signature]
[sig M&11111
By:
Sara G. Ott
_
By:
Kristin Davis
[N—e]
[N—el
Title:
City Manager
Title:
President
Date:
9/13/2023 1 10:32:01 PM PDT
Date:
8/28/2023 1 2:43:47 PM MDT
Approved as to form:
AocuSlpned by
I's } - Thu,
432FOA49A55f (l?¢tCie City Attorney s �uJjjII
General Conditions and Special Conditions can be found on City of
Aspen Website.
Purchasing j Ashen, COCO
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PLUMRUK, HFURA & AIR tariGTlddM1G W.
8OP
1ZY-
BILL TO
Wheeler Opera House
320 East Hyman Avenue
Aspen, CO 81611 USA
EXHIBIT A: PROPOSAL
50140 County Road 154
Glcowciod Spring-. C010r3d0131601-5320
(SiGI 945-9510
EIN 84-3: +0025
ESTIMATE
40211574
JOB ADDRESS Job:501647
Wheeler opera House
320 East Hyman Avenue
Aspen, CO 81611 USA
ESTIMATE DETAILS
Boller Replacement Option 3: Thank you for allowing Bishop Plumbing, Healing & Air Conditioning to provide pricing for your
project.
We propose to provide labor and materials to:
• RemovC and dispose of the existing boilers.
. install (3) EIe[tro ES-NB•3M480H FC8t000N 1 milhon BTU 3t70 KW, 48Dvole three phase electric boilers.
• Connect to the existing piping and modify as needed.
■ Install air and dlrL separators with magrxts and sweat unions In the return going to each boiler.
• instal IGrundfos boiler pumps.
• Add up to 35 gallons of glycol to the system.
■ perform factory startup and test for proper operation.
Please note: An electrician will be required to provide a minImum of 1200 amps for the bu11dIng in order to run the new
boilers, which will be the responsibility of the customer_
Exclusions_ Electrical
Proposed Installed price: $311,194.53
A 50% deposit of $155,597.27 will be required to begin the project.
TASK DESCRIPTION QTY PRICE TOTAL
Boller Boiler Replacement 1.00 $311,194.53 5311,194.53
Replacement
Estimate #40211574 Page 1
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SUB -TOTAL $311,194.53
TAX EXEMPT 0% $0.00
TOTAL $311.194.53
Thank you for choosing Bishop Plumbing, Heating. and Air Conditioning, Inc.
CUSTOMER AUTHORIZATION
THIS IS AN ESTIMATE, NOT A CONTRACT FOR SERVICES. The summary above Is furnished by Bishop Plumbing and Heating.
Inc. as a good faith estimate of work to be performed at the location described above and Is based on our evaluation and
does not include material price increases or additional labor and materials which may be required should unforeseen
problems arise after the work has started. Cosmetic repairs need from work performed during repairs or installations, such
as but not limited to, drywall, paint, flooring, roofing and landscaping are excluded from pricing and to be repaired by
others_ I understand that the final cost of the work may differ from the estimate, perhaps materially. THIS 15 NOT A
GUARANTEE OF THE FINAL PRICE OF WORN TO BE PERFORMED. I agree and authorize the work as summarized on these
estimated terms, and I agree to pay the full amount for all work performed_
Sign here
ate #40211574
Page 2 of 2
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PLUMBING, HEATING, & AIR CONDITIONING, INC.
Project
Wheeler Opera House
Boiler Plant
Bishop Plumbing & Heating Warranty
For a period of 18 months, which begins upon completion,
Bishop will warranty labor and materials for workmanship and
defective materials.
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EXHIBIT B: LOCHINVAR WARRANTY
CONIMERCLAL. L(whinvar
n1Gy LFriL�ERCc' DGiI[AS �Yrx :�; i.t'�; ;
10 YEAR LI HTED WARRANTY
EFFECTIVE: WHAT IS NOT t . PROBLEMS CAUSED BY.-
For 10 Y ear% Lochincar %•arrant the heat exchancer a..d!,, l ' hr— " v ronnecnoa
tank against failure due to defect, in material• or worizaanshrp
Far the lifetime of the product. Lochinvar warrants. the Tank and'ort:re
heat exchanger agatn,r failure due to thermal hock. All para
war anted for 1 year This Bruited warranty rs m effect when the
product a ia,talledwithin the united State: or Canada. piovided
it r+�m•+n- at rt; onyx"'! place of tn.rllation.
Zl'arranev coverage be jar on the data of instillation OR 60 days
after the date of manttfacture if iwtalhnoa cannot ire venfted
Tote: The dare of mankfacntre carr be derewNined "sing the Serial
-Number located on the silver raring label -
WHAT
•
in the event of a defect m material: or worlvt- �ip appearsg
duiing the limited warranty period Lochmvm will tpar. of at
our discretion, replace anv defective part beat ercba=ger, or
tank covered under this limited warranty Any replacement part.
beat exchanger. or tank will be warranted onh• for the unexpired
portion of the onpaat hinted wwranty penarl
Unless authorized by Lochinvar, any hear exchanger or tank
must be returned to the factory for warranty determination.
at the owner`s expense.
If an identical model is no longer available due to a change in
lsw. teculanon or starsdard. iochinvar w•tll replace the product
with one bannE at hurt the ,time cawcm' and input. In thew
instances, you will have the option of paying the difference
her een what vn-, paid for the original model and the new model
ttnth the additional features, orreceiymg a refold of the POr4oa of
the purchase price allocable. on a pro-rata basis,, to the unexpired
portion of the limited warranty period.
•RESPONSIBILITIES:
O%vers are responsible for-
*
all labor, :hipping. deiirery. invalkfion, and handling cost-.
associated with the repair and'or replacement of the product.
• SelecenE a qualified ervice provider. I rat w%rn-Locttmtar_
com foe• a list of 2iv'ice iprorvier. m your area.
--o • rollonzag all M-utdo enclosm ed ill the product
• Retaining all bill• of :ale or receipt. or proof of ic:tal€adon.
• Prortdtns copse: of all service and mamten3nce record:
• Cow:Icnng rota• izutaller Or del a; soon a: as y problem or
defect i, noticed
• �i� I^- upp . >—. ga. n pe. - > ,
C0Mb :naa air, Voltage. %Meng. or fir*
• Sediment. ni, we, or lime xa:e build-up
haptvper ra,talanom a deln'ery. as: maintenance
• Far era to foLon prmted ra:trocaow eariw-ed n-ith the product
. tyme. uuiar,e- accident, fie. Hood Act: of God
• Improper veutns and An =Ake uLarattal•.- lem-t- cobtrucnon.
or opentram
• Claim, related to rust etiee:ave *Oise- smell or taste of % atet
• Failure to conduct authorized factory aan-up as regnurd
• Failure to ptalxrh' perfotm maintenance. a; ourmed m the
us tzcaoa rnauiaL prmlded bz- the manufacturer
• Damage-, clue w a failure to allow for thenual exp=Aon
• Alteretiom that cli ngr the intended or ceinfted uP of the
ADd-11t
• F3xlme to follow applicable code:
Improper chemical addition
• Servxe trap: ro explain proper msta€lanon. use. of ==enm,--e
oe&e proatct'Uait or to downbe comphance r*?utr#rmnn under
apphc3bla code, and re-Rilatton-,
• Chugs: related m acce,:irm the product =ludme 'out not
hunted to dow wall removal equipment renal. erc.
• Replacement pare affxt expaunon of tbr: vt=anty
• Prenatm a ociated with after hots: of overtime labor
LIMITATIONS.-
NOTWITHSTAN'DDIG ANYT:HM ELSE TO THE
CONTRARYTHIS IS YOM SOLE A141) EXCLUSWE
WARL—IN 1. ALL OTHER WARRAN'TMS. I'_dCLIJDr;Cr
A WARPLANTT OF NIERCHANTAB LITY OR FITNaS
FOR A PARTICULAR PitRPOS: ARE E.4PRESSLY
DISCLABIED. SEI LER SHALL NOT BE LL-kBLE FOR
AW CO SEQLTENTiAL. DTCI[-\NT L. SPECIAL.
PL-NTn1,'E OR OTHER IIFDIRECT DAMAGES- TOTAL
UABIE= ARISING AT ANY TI,NfE SHALL NOT EXCEED
THE PURCHASE PRICE PAiD WHETHER BASED ON
COxIMACT. TORT. STRICT LIABILITY. OR ANY OTHER
LEGAL THEORY
Lochimvar. LLC ■ 300 Maddox Simpson Pl-x-e • Lebanon TN } 0% • IMO. 722,12 101 ? Fax 615-547-1ODD
ww•n•.Lvctunvar.com
11:�R^fly:_1U6151 S:_:flUf1619U' I2ev H iM, -21—Printed in LSA
Agreement for Procurement and Professional Services Page 12