HomeMy WebLinkAbout107588 AMERIGAS PROPANE - PURCHASE ORDER - 200007City of Fort Collins
Page Number: 1 of 1
City of Fort Collins
Date: 12/17/02
BLANKET
Purchase Order Number: 2200007
Delivery Date: 12/31/02 Buyer HUME,JAMES
Purchase Order number must appear on invoices, packing lists, labels, bil of lading, and all correspondence.
Note:
i
h
Line Qty/Units Description Extended Price
6 1 LOT
ADDENDUM TO PO #2200007
500.00
Total 500.00
City of Fort Collins Director of Purchasing and Risk Management City of Fort Collins
This order is not valid over $2000 unless signed by James B. O'Neill 11, CPPO, FNIGP Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221.6776 Fax: 970-221.6707 Email: info@ci.fortcollins.co.us Fort Collins, CO 80522.0580
Purchase Order Ternra and Conditions
1. COMMERCIAL DETAILS.
Invoice Address. To waste pcomp Payment mail invoices in duplicate to.
City of Pest Collins Accounting Division
P.O. Box 580
Fat Collins, CO $0522
Tax exemptima, By statute the City of FM Collins is exempt from now and local taxes. Our Exemption Number
is 98-04502. Federal Excise Tax Exemption Cutifresen of Registry 84-WO0587 is registered with the Collator of
Internal Rev.., Drover, Colaxdo (Ref Colmado Revised Species 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to men spwificatimu, tither when shipped or due to detests
of damage in transit, maybe returned an you for credit and we not to be replacal except upon receipt of written
inetmctions from the City of Fort Collins.
Inspection. GOODS we subject to the City of Fort Collins inspection on arrival.
FitW Amclama Receipt of the merchandise, se vices eaequipnmt in response to Na order can result in xuthorinsl
payment en the part of the City of FM Collim. Howeva, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable requited inspection procedure.
Freight Tams. Shipments now be F.O.H., City of Fort Collins, 7W Wood St, Fort Collins, CO 80522, unless
otherwise specified on this coda. If permission is given W Repay fieight and charge separarely, the origiml height
bill must accompany invoice. Additional charge far packing will not be accepted.
Shipment Distance. Where manuf.turcrs have distributing points in various parts of the country, shipment is
exported from the nearest distribution point m datinmen, and excess height will be deducted from Invoice when
shipments are made room Ipmter emboure.
Permits. Sella shall procure a slim sole cost all neemary Panama, c tificaten and licenses required by of
applicable laws, rcgulntices, mdtunc s and ruler ofthe state, municipality, territory or Political subdivision where
the estate is pahsomed, or required by my other duly conaiuted public authority having jurisdiction over the work
of vendor, Sella fm4ma agrees to hold the City of Fart Collins lowndss from and against all liability and loss
ineemd by them by mumn of an asserted or smblishd violation of my such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties to this contract some that the represmtatives we in fact bona fide and wseas full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expemly limits acceptance to the terns and conditions wood
herein set forth and my supplementary or additional terns and conditions annexed hereto or incorporate] herein by
reference. Any additional or different terms and combfions proposed by seller we objected to and hereby mitered,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
ponavd delivery date. noted Time is of the essence. Delivery and performance mace be effected within the time
etatd on the porch= coder and the dommmu m chat hereto. No cots of the Purchasers including, without
limionce , acceptance ofp wdI was deliveris, shall operate an awaiver of this provision. In the event of my deey,
the Purchaser shall have, m addition to ad= legal and assumable remedies, the option of dwing this order elsewhere
and holding the Sella liable for dmiags. However. the Sella sball non be liable for damages as. result of delays
due to causes am reasonably fore usable which arc beyond in reasonable control and without its fault of negligence,
such acts of God, acts of civil w miliMy authorities, govanmrnml Prriorifies, fires, strikm flood, epidemics, wars
or riots provided that notice of the conditions musing such elclay is grivm to the Purchase within five (5) days of the
time what the Sella Tint received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period Nual to the time actually last by reason of the delay.
3. WARRANTY.
The Sella warrants then all goods, articles, materials ad work covad by this order will conform with applicable
drawings, apetifimtio s, movies and/or other desaipmen gives, will be fit for the purposes intended, and perfomud
with use highest degree of care and competence in as mdance with accepted standards for work of a similar nature.
The Sella agrees en hold the pumbe ser hattNess from my loss, damage or expense which the Purchaser may suffer
m mow on account ofese Sellas breach ofwaranty. The Sella shall replace, repair or make good without cost to
she puchasa, any defau or faults arising within me (1) year or within such Imga period of time as may be
prescribed by law or by the temu of my applicable warenty Provided by the Sella after the date of acceptance of
the goods fumishd hereunder (accepuna and to be unseasonably delayed), resulting from imprfart or defative
weak dace or materials famished by the Sella. Acceptance muse ofgoods by the Purchser shall not monotone a
waiver of my claim under this wartenty. Except as otherwise provided in this puchme order, the Sellers liability
hannnda shall extend to all damages proximately caused by the breach of my of the foregoing warranties or
generous, but such liability shall in no event include less ofprofits 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 terns by wrten change order.
5. CHANGES IN COMNHdRC1AL TERMS,
The Furchma may, ranks any cbanga to the tarn, other than legal tarns, including additions to a deletions fan
the quantities originally ordered in the specifications or drawings, by verbal w written change order. If my such
change affects the amount due or the done of perfomuna hereunder, an equitable djmtreem shall be made.
6. TERMINATIONS.
The Purchaser may a my time by wrinat change miler lam icate this agreement as to any or all potions of the
gods then not shipped, subject to my equitable djusMent bwveen the parties as to my work or materials then in
progress Provided that the Purchaser shall net be liable for my claims for anticipated profits on the mcompletd
potion ofth, goods andsor work, fen incidental or consequential danags, and that no such djmtment be code in
favor ofthe Sella with respect to my goods which art the Sellas standard sack. No such temtinatm shall relieve
the Purchaser or the Seller of my of their obligations a to my goods delivered haremder.
]. CLAIMS FOR ADJUSTMENT.
Any claim fen adjmmrnt most be awned within thirty (30) days finern the date the change or "Muslim is ordered
gas COMPLIANCE WITH LAW.
The Seller worsen dust .11 goods sold hercunde, shall have been produced sold. delivered and forabl d to sma
wmplima with all applicable laws and regulations to which the goods an, subject. The Seller shall execute and
deliver such domments as may Its required to effect or evidwa compliance. All laws and regulations required to
be incorporated in agreements of this ebeneta are hereby incorporated herein by this reference. The Sella agmem
to indemnify and hold the Purchaser hamlets from all costs and damages suffered by the Purchaser as a result of
the Sellers failure to comply with such eau.
9. ASSIGNbfENT.
Neither party shall assails, transfer, or convey this order, or my mmies den or to become due hereunder without the
prim written coneent of the other parry.
10. TITLE.
The Sella warrants full, dear and mrestm nd title to the Purchaser for all equipment, materials, ad items furnished
in aftersmna of this agesnown, Into and clear of my and all lims, restrictions, rswvehons, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the lama and conditions harwf, failure or delay to
exercise my rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, N<acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
my of the warranties or obligations of this purchase order and shall not be darned a waiver of my right of the
purchaser to insist upon strict Performance herwf or my of its rights or remedies as to my such goods, milardlas
of whin shipped, received or accepted as to my prior or subsequent default bamnda, nor shall my puryoned owl
modification or rescission of this purchase order by the Purchaser operate an a waiver of my of the terms hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchases remplen that in actual economic Posture, overcharges resulting four mtia ant violations
are in fact home by the Purchases. Theretofore, for good cause and an wnside ors for executing this purchase coder,
the Sella hereby assigns to the Purchaer my and all claims it trey now have or hereafter acquired under fedael at
smte and nat laws for such overcharges relating to the particular grads or navies purchased m.,W.d by the
Purchaser pursuant to this purchase order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to correct nonconforming or demon goods by a date to be agreed upon by the
Purchase and the Seller, and the Sella thoeaRa indicates its inability or unwillingness to comply, the Purchaser
may case the ware m In, parfomard by the town expeditious meets available to it, and the Sella shall pay all casts
associami with such work.
The Sella shall release the Purchaser and its contractors of any her from all liability and claims of my naurc
resulting from the pafto n exc of such wmk.
This release shell apply even in the event of fault ofnegligoma of the party released and shall extend to the dnatas,
officers and employees of such perry.
The Sellers runtracuul obligations, including warranty, shall nor be deand to be reduced, in my way, because such
work is performed or caused to be Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any deign, device, material or process covered by letter, patent trademark
or copyright the Sella shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of theme of such patented design, device, material or .as in connection with the contract, and shall
indemnify the Pumh.a for my cost, expense m damage which it may be obliged to pay by ream of such
infringement at my time during the prosecution or after the completion of the work. In case said equipment, m my
pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said
equipment a pan is enjoined, the Seller shall, at its own expense and at its option, either procure fa the Purchaser
the right to continue using said equipment or pans, replace the same with substantially equal but non -infringing
equipment, or modify it m it becomes non -infringing.
15. INSOLVENCY.
If the Sella shall became insolvent or bankrupt, make an msignment for the benefit of andi=, appoint a receive
w trustee for my afhe Sellers property a business, this order may forthwith be canceled by the Purchaser without
liability.
16, GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rghtu of all parties hereunder shall be
construed under and governed by do, laws of the Some of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to pathom work hereunder, including
the services of Sellers Repe entative(s), on the penises of others.
❑. SELLERS RESPONSIBILITY.
The Sella shall tarty on said wore at Sellers awn risk anal the same is fully completed and accepted, and shall, in
case of my accident, destrumim or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases. When materials and
equipment ere furnished by others f installation or erection by the Sella, the Sella shall receive, unload, score and
handle same a the site and become responsible therefor an though such materials and/or equipment ware being
famished by the Seller under the order.
I8. INSURANCE,
The Seller shall, at his own expense, provide for the payment of workers compensation, including cocupdonsi
dime benefits, to its employses employed on or in comatim with the work coved by this welsom order, and/or
to their dependm a in accordance with the laws of the store in which the work is m he done. The Sella shall also
carry comprehensive general liability including, but not limited to, contractual and amomobile public liability
ra rce with bodily injury and death limits of a least $300,000 her MY me Person, $500,000 for my we accident
and property damage limit per accident of S400,000. The Seller shut likewise require his cmo mu s, if my, to
Provide for such compensation and insurance. Before my of the Sellers or his contrazto s employees shall do my
work upon the promises of others, the Sella shall furnish the Purchaser with a own Items then such compensation and
insurance have ban provided. Such ceodfcatea shall specify the daze when such compensation and insurance have
beat provided. Such cmifrcaus shall specify the date what such con we etioa and insurance expires. The Sella
Was that such compensation and insurance shall be maintained until other the entire work is completed and
mceped.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGM.
The Sella hereby anomes the entire responsibility and liability for my and all damage, Ions or injury of any kind
or nature wha newer to Persons or property tamed by or resulting from the execution of the work provided fen in
this purchase order or in oonnmtim herewith. The Sella will indemnify and hold harmless the Purchaser and my
or all of the Purchasers officers, agars and employees from and at. my and all claims, losses, damages, cbmga
or expenses, whether direct or indirect, and whether to parsecs or property m which the Purchaser may be put or
subject by ream of my act, .tim, neglect omission or defsult m the pan of the Seller, my of his contractors, or
my ofthe Sellers or cono-.tms officers, agents m employes. N now my suit m other proceedings shall be bought
against the Purchases, or its office n, agents a employees a my time on account m by remm of my act, saw,
neglect, cameam or default of the Sella of my of his contractors or my of its or their offices, agents ex employes
as aforesaid the Seller hereby agree It, assume the defense thereof and to defend the come a the Sellers own
expense, to pay my and all costs, charger, anornrya fees and other expenses, my and all judgments that may be
incurred by m obtained against the Purchaser or my of is or their officers, agenm a MoPloyes in such wits ex other
proceedings, and in cue judgment or other lien be placed upon or obtained against the property of the Purchaser,
or east parties in or as a result of such suits m other proceedings, the Sella will a once came the same to be
dis midi and discharged by giving hod or athowtse. The Sella and his connectors shall take all safety precautions,
fumtsh and instal all gumds ne merry for the Wevmone of accidents, comply with all laws and regulators with
regard to safety including, but without limi now, the Occupational Safety and Health Act of 1970 and ell reds and
regulations issued pursuant therdo.
Reviad 1119