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HomeMy WebLinkAbout107586 AMERIGAS PROPANE LP - PURCHASE ORDER - 9120069City of �, art Collins Date: 01/0612012 PURCHASE ORDER Vendor: 107586 AMERIGAS PROPANE LP 1036 SMITHFIELD DR FORT COLLINS Colorado 80524-8564 PO Number Page 9120069 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket order to 1 LOT LS 5,000.00 cover the cost of miscellaneous propane fill ups. These are not regulare fill ups, and also tanks at EPIC for the Zamboni. All deliveries to be made upon request of City Parts Department only. All deliveries to be accompanied by an invoice or delivery ticket. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of qoods and/or services. Cam, t3. Oi'la.�aQ � C/ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-("587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Shames 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be reamed to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS art subject to the City of Fort Collins inspection on arrival 11. NONWAIVER. Failure of the Purchusa In insist .pro rnlct performance of the terms and conditions hereof, failure or delay to escrdse any rights or remedies provided herein or by law, failure to promptly notify the Seiler in the event of n breach, the acceptance of or payment for good hereunder or approval ofthe design, shall not release the Scllcrof any of the warranties or obligations of this purchase order and Shall not be deemed a waiver of any right ofthe Purchaser to insist upon strict performance hacofo any of its rights or remedies as to anv such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral medification or rescission of this purchasc order by the Nochuser operate as a waiver of any of the tames hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recngnize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations ore in fact borne by the Pumbaeer. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or homifer Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522. unless acquired under Went or state antitrust Imes for such overcharges relating 1. 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 acquiecd by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser effects the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the SO let thaca0er indicates its inability or onset]]ingnecs to comply, the Purchaser shipments are made from greater distance. may cause the work to be pnfnmrcd by the most expeditions means available to it, and the Seler shall Inv all costs associated with such stork. Permits. Seiler shall procure at sellers side cost all necessary permic, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipaliry, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vend.,. Seiler fanher agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation .f any such laws, regulations, ordinances, rules and rcquimments. Autbo :,ration. All panics to this contact agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tears and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmposed 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 of the essence. Delivery and performance must be effected within the time stated on the purchase order and the reconverts attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpertial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, 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 Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligence, such acts of Gad, acts of civil or military authorities. governmental priorities, fires. strikes. food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Scllcr variants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification. Samples and/or other descriptions given, will be fit for the purposes intended. and Performed with the highest degree of care and compdence in accordance with accepted standard for work of a similar nature. The Seiler agrees to hold the purchaser formal. from any loss, damage a expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller anet the date of acceptance of the good furnished hereunder (acceptance not to be unreasonahly delayed), resulting fount imperfect or defective stork done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of anv of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA 1. TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally urdercd in the specifications or drawings, by verbal or written change order. If any such change affects the ameant due Or the time ofperfomranee hereunder, an equitable adjustment shall he made. 6, TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided That the Purchaser shall not 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 any goads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany ofthdr obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date he change Or termination is onlcrcd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chancier are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamticss from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey his order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfommnce of this agreement Bee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of.th,m. The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims of any nature resulting from the perfnrmanee of such work. This release shall apply even in the event of built of negligence of the parry released and shall extend In the directors. officersand employees ofsuch party. The Seller's contractual obligations. including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PA'TENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm 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, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in Such suit held to constitute infringement and the use 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 parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes ooninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions uftemts used or the interpretation ofthe agreement and the rights ofall parties herander.shall be construed under and governed by the Imes ofthe Stoic of Colorado, USA. The following Additional Conditions apply nnly in cases what the Seiler is to perform work hereunder, including the services Of Scllcrs Rcprescnhtivc(s), on the premises ofnthas. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the Satisfaction ofthe Purchaser. When materials and equipment arc famished by rdhcts for installation or erection by the Seller, the Seller shall receive. nalond. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Seller shall, at his men expense. provide for the payment of workers compensation. including occupational disease benefits. to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes ofthe same in which the work is to be done. The Seller shall also carry comprehensive general liahility including but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300.000 for any one person. S500,000 for any one accident and property damage limn per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before anv ofthe Sellers Or his contractors employees shall do any work upon the premises of.thass the Scllcr shall famish the Purchaser with a certificate that such compasmion and insurance have been provided. Such certificates shall specify the date when Stroh compensation and insurance have been provided. Such ecnificmes 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 nod accepted. 19. PROTF.CI'[ON AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work presided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamrlccs the Purchaser and any or all Of the Purchasers offeers, agents and employees fmm and against any and all claims. losses, damages. charges or expenses. whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act. action. neglect, amissi.n or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any .suit or other prrtain ings Shall be brought against the Purchaser. or its officers, agent or employees at any time on account or by reason of any act, action, neglect, omission at default of the Seller of any of his co arna rs or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the mine at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agentt 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, Or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contnetors shall take all safety ptecxutions, famish and install all guard necessmy for the prevention of accidents comply with all laws and, regulations with regard to safety including, but without limitation, the Occupational Safcty and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010