HomeMy WebLinkAbout127827 THE TRANE COMPANY - PURCHASE ORDER - 9957272City of
F6rt Collins
Page Number: 1
Date: 12/7/2009
Purchase Order Number: 9957272
Delivery Date: 12/7/2009 Buyer: HUME,JAMES
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT 7,170.00
City Hall-AHU#1CC
Cooling coil
2 1 LOT
City Hall-AHU#1 HC
3 1 LOT
City Hall-AHU#5CC
4 1 LOT
City Hall-AHU#4RHC
Heating coil
Cooling coil
Heating coil
Invoice Address:
2,802.00
2,898.00
747.00
Date: 12/7/2009
City of
ort Coltins
Page Number: 2
Purchase Order Number: 9957272
Delivery Date: 12/7/2009 Buyer: HUME,JAMES
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
5 1 LOT
City Hall-AHU#4CC
Cooling coil
City of Fort Cyfiny Director of Purchasing and Risk Management
This order is dqValid over $5000 unless signed by James B. O'Neill II, CPPO
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
1,250.00
Total $14,867.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580 -
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fon Collins is exemptfi'om state axl local lazes. Our Exennption Number is
98-04502. Federal Excise Tax Exemption Certificate of Regisuy 84-0000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1073. Chapter 30_26, 1 14 (;i).
Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due io defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions hum the City of Fort Collins.
Inspection. GOODS are subject to the City of Fon Collins inspection on arriva
Final Acceptance. Receipt of the merchandise, services orequipment in response to this order can result in authorized
payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B.. City of Foil Collins. 700 Wood St., Fort Collins, CO 80522. unless
otherwise specified on this order. Ifpennission is given to prepay ficight and charge separately, the original freight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where nnanufactnreis have distributing points in various parts ofthe county. shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted lintm I nvoice when shipments :re
made fi oat greater distance.
Permits. Seller shall procure at sellers sole cost all necessmy permits. certificates and licenses required by all applicable
laws, regulations, ordinances and rules ofthe state, municipality, territop• or political subdivision where the work is
performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Foil Collins harmless fioni and against:dl liability and loss incured bythem by
reason of an asserted or established violation of any such laws. regulations, ordinances. rules and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess fill and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance tothe terns and conditions stated herein
set forth and any supplementary or additional terns and conditions annexed hereto or incorpornted herein by reference.
Any additional or different terns and conditions proposed by seller are objected 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 ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofanydelay. 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 not be liable fhr dannages as a result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control;md without its fault ofncgligance, such acts
of God, acts of civil or military authorities, governmental priorities, tires. strikes. flood, epidemics, wars of riots
provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time
when the Seller first received knowledge thereof. In the event of any such delay. the date ofdeliveryshall be extended
for the period equal to the time actually lost by reason ofthe delay.
3.WARRANTY.
The Seller wmtants that all goods, articles, materials and work covered by this order will confirm with applicable
drawings, specifications, samples and/or otherdescriptions given. will be lit lit the purposes intended, and perfanned
with the highest degree of care and competence in accordance with accepted smudards tit work of a similar nature.
The Seller agrees to hold the purchaser harmless frontally loss, damage or exense which time Purchaser niay suffer or
incur on account ofthe Sellers breach of warranty. The Seller shall replace, tepaii ur make good, without cost to the
purchaser, any defects or faults arising within one (1) year or within such longer period of time as nay beprescribed by
Inv or by the terns of any applicable wananty provided by the Seller after the date of acceptance ofthe goods
furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect of defective tvork done of
materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitme 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 caused by the breach of any ofthe foregoing wanunties or euniantees. 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 TERMS.
The Purchaser may make changes to legal tens by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal tens. including additions to or deletions fronmthe
quantities originally ordered in the specifications or drawings, by verbal of written change older. If any such change
affects the amount due or the time of performance hereunder, an equitable adjusunent shall be made.
6. TERMINATIONS.
The Purchaser may it any time by written change order, terminate this agrecnient as to any of all portions ofthe goods
then not shipped, subject to any equitable adjustment between the panics as to any work of materials then in progress
provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe
goods and/or work, for incidental or consequential damages, and that no such adljustinent be node in tao or ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser of the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claini for adjustment must be asserted within thirty (30) days front the (late the change or tenninntion is ordered.
S. COMPLIANCE WITH LAW,
The Seller wan ants that all goods sold hereunder shall have been produced- sold. delivered and furnished in strict
compliance with all applicable lawsand regulations to which the goods are subject. Tine Seller shall exeutc and deliver
such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agi eenients 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 sulTered by the Purchaser as a result ofthe
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole sotn'ce government contract" within the meaning of
Article XXVIII ofthe Colorado Constitution ("Article XXV III"), then the provisions of Section 15 ofAnicle XXVIII
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is
"contract holder" as defined in Section 2(4.5) of Article XXV III intentionally violates Section 15 or Section I7(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold :my sole source government contract, or
public employment with the state of Colorado or any of its political subdivisions, fit three years,
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to b—innc due hereunder without the
prior written consent ofthe other party.
10. "TITLE.
The Sc11e, warrants fill. clear and unrestricted title to the Pra'chaSer for all equipment, materials, and itens furnished in
perfinnane, of this agn,l, cut, fee and clear of any and all liens, restrictions, reservations, security interest
eneunnbranccs and clainis ofotheis-
11_ NONWAIA'ER.
Failure ofthe Purchaser to insist upon strict perforniance ofthe terns and conditions hereof, failure or delay to
exercise miv rights of remedies provided herein or by law. failure to promptly notify the Seller in the event ofa breach,
the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the
wanunties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist
upon strict performance hereof m any of its rights of remedies as to any such goods, regardless of when shipped,
received or accepted. as to any prior or subsequent default hereunder, not shall any ptuponed oml modification or
rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sellei and the Purchaser recognize that in actual economic practice• overcharges resulting fi oat antitrust violations are
in fact home by the Purchaser. Theretofore, for good cause and as consideratloll for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all clainis it may now have or hereafter acquired under federal or state
antitrust laws for such overchages relating to the particulargoodis orservices purchased or acquired by the Purchaser
pursuant to this purchase order. t
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconfannine, or defective goods by a date to be agreed upon by the
Purchaser and [he Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchases nay
cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs
associmed With such work.
The Seller shall release the Purchaser and its contractors ofany tier from all liability and clains ofany nature resulting
from the performance of such work.
This release shall apply even in the event of fault of negligence ofthe party released and shall extend to the directors,
officers and employees of such petty.
The Seller's contractual obligations. including wanunty, shall not be deemed to be reduced, in any way, because such
work is perfumed of caused to be performed by the Purchaser.
I4. PATENTS.
Whenever the Seller is required to use any design, device• material or process covered by letter, patent, trademark or
copyright. the Seller shall indenvii(y and save hunnless the Purchaser form any:tad all clains fininfiingemicnt byieason
ol'the use ofsuch patemedi design. device, material or process in connection with theconunct,and shall indemnify the
Purchaser fix any cost. expense or d:unage which it niay be obliged to pry by reason of such infringennent at any tine
during the prosecution or afier the completion of the work. In case said equipment, of any pan thereof or the intended
List, of the goods. is in such suit held to constitute infi-ingenicnt and the use of said equipment or pan is enjoined, the
Seller shall. at its own expense and at its option. either procure fir the Purchaser the right to continue using said
equipment or parts, replace [he same with substantially equal but non -infringing equipment, of modify it so it becomes
non -infringing.
15. INSOLVENCY.
If the Seller shall leconme insolvent or bankrupt, make an assignment lit the benefit ofcieditois, appoint a receiver of
trustee fit any ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
10. GOVERNING LAW.
The definitions of terns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe State of Colorado. USA.
the following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of sellers Representative(s). on the premises of others.
17_ SELLERS RESPONSIBILITY.
The Seller shall eany on said work at Sellers own risk until the same is fully completed and accepted. and shall, in case
of anv accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance,
miplete die work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equip,m ,it are
furnished by others for installation or erection by the Seller. the Seller shall receive. unload. store and handle scone at
the site and become responsible therefor as though such materials and/or' equipment were being furnished by the Seller
under the order.
IS. INSURANCE.
The Seller shall - a[ his osvn expense. provide for the payment of workers commpensation, including occupational disease
benefits, to its employees ennplo}•ed on or in connection with the work covered by this purchase order. and/or to their
dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also carry
comprehensive general liability including, but not limited lo, contractual and autonwbile public liability insurancewith
bodily injury and death limits of at least $300,000 far any one person. $500,000 (it any one accident and property
damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such
compensation and insurance. Befite any of the Sellers or his contractors employees shall do any work upon the
premises of others. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance have been provided.
Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be maintained until after the entire work is completed and accepted.
19. PROTECJION AGAINST ACCIDENTS AND DAMAGES.
hhe Seller hereby assumes the entire responsibility and liability fur any and all damage, loss or injury of any kind of
nature whatsoever to persons or property caused by of resulting front tine csecution ofthe work provided fiur in this
purchase order or in connection herewith. The Seller will indemnify and, (told harmless the Purchaser and any of all of
the Ptrr'chnsei"s officers, agents and employees front and against any and all claims, losses, damages, charges of
expenses. whether direct or indirect. and Whether to persons or property to which the Pm'clMser maybe put of subject
by reason ofany act, action, neglect, omission or default on the pan ofthe Seller, any ol'his contractors, or anyofthe
Sellers or cono'nctors officers, agents or emmployees. In case any suit or other proceedings shall be brought against the
Purchaser. or its oficers• agents of employees at any time on account or by reason of any act, action, neglect, omission
of default of the Seller of any of leis contractors m any of its or their officers, agents or employees as aforesaid, the
Seller hereby neiees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and
all costs. charges. attorneys fees and other expenses, any and alljudgments that may be incurred by of obtained against
the Purchaser or any of its or their oficers, agents or employees in such suits or other proceedings, and in case
judgment or other lien be placed upon or obtained against the property of the Purchaser, of said parties in or as a result
ofsuch suits or other proceedings, the Seller will at once cause the sanne to be dissolved and discharged by giving bond
or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessaryfur
[he prevention of accidents, comply with all laws and regulations with regard to safety including, but without
limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009