HomeMy WebLinkAbout108918 AIRGAS INTERMOUNTAIN INC - PURCHASE ORDER - 3215013Fort Collins
Date: 01/0212015
Vendor: 108918
AIRGAS INTERMOUNTAIN INC
305 AIR PARK DR SUITE 2
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
3215013 1 of 2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 01/02/2015 Buyer:
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Signal Construction Supplies
5000.
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.wrn
1 LOT LS
5,000.00
Total $5,000.00
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
I. COMMERCIAL DEfAIIS.
Tax exemptions. By smmte the City of Fan Collins u exempt from suite and local taxes. Our Exemption Numb, is
11. NONWAIVER.
98-0 502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is regimen, with the CoIlWIW of
Failure of the Purchaser W insist upon strict pafortnma of the term and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Somalia 1973, C'hipta 39-26, 114 (a).
exercise any fights or remedies Provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the Werriume of m payment for goods hereunderm approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to def rs of
my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for ,edit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or my of its rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, in to my prior or subsequent default hiaunder, nor shall my puTmted
oral modification of rescission of this purchase order by the Purchaser operate an a waiver of my of the terms
Inspection. GOODS arc subject to the City effort Collins inspection on arrival.
hereof.
Final Aaersom. Receipt of the macfdise, services or duipnrml in respoose to this order con result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
eutho mil payment an the part of the City of Fort Collins. However, it is w be understood Nat FINAL
Seller and dic Purchaser recognize thin in actual ttmwmic powder, camaA i id resulting from antieust
ACCEPTANCE is dependent upon completion ofall applicable required impeefion procedures,
violations are in fact Some by the Pumhiser. Theretof , for and cause and a wnedendon far executing this
purchase order, the Seller hereby assigns to the PufchWer any and all claims it may now have or hereafter
Freight Tent¢. Shipments must be FOB, City of Fort Collins, IN Wood St., Fan Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges misting to 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 acquired by the Purchaser pursuant to this purchase order.
bit must W campany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in vanow pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when
shipmenu are made Farm grater duuims.
Permits. Sell, shall produe at sellers sale cost all nxessary pmnins, candidates and licersu required by all
applicable laws, regulations, nominees and rules of the sure, municipality, territory at political subdivision where
the work is performed, or renuirW by my other only awarded public authority bavingjurisdidion over the work
of vendor. Seller furntt ogre, to hold the City of Fort Collins haanless fium and against all liability and loss
marred by them by ream. of an m and or established violmion of my such laws, rx,liamm, ordinance, rules
and requirements.
Authorization. All parties to this contract 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 Wce,. to the temp and condiriom sated
herein set faith and my supplemmWry or addideral terms and conditions amexW Lando or incoporated herein by
rafrntt. Any additional or different terms and conditions pmpnse l by seller me oludial to and hereby mjmW.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immWiesly if you amot make complete shipment o arrive an yam
Promised delivery date ns noted. Time is of the essence. Delivery and pad imams must be, effinted within the time
stated on the purchase order and the documents attached hereto. No eels of the Purchasers including, without
limitation, acceptance ofpmial Imo deliveries, shall operate as a waiver of this provision In the roam of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 to causes not reassembly foreseeable which are beyond its reasonable control and wihom its fault of negligence,
such acts of God, acts of civil or military authorities, pormmcmml pnonties, fires, strikes, Oaad, epidemics, wars or
riots provided that notice of the conditions waving such delay is given t. the Purehaser within five (5) days of the
time when the Seller first received knowledge nermf In the event of my such delay, the data of delivery shall be
extended for the period equal m tee time actually lot by reason ofthi dalay.
).WARRANTY.
The Seller wmnew that all goad, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples moor arbor descriptions given, will be fit for she purposes intended, and
performW with the highest degree of are and eumpesna in accordance with accepted stmdrd for work of a
similar nalure. The Seller agrees to hold the pmcharer mrmles from any lass, damage or expense which the
Purchaser may suffer ter incur on account of the Sellers breach of wmanty. The Seller shall replace, mpait or make
gaod, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pen W of
time m may be prescribed by law or by the tams army applicable warranty pmmded by the Seller after the time of
accepaae of the good fished heremder (acceptance not to hi umexaombly delayed), resulting from imperfect
or defective work done or materials finowhW by she Seller. Acceptance or use of goods by the Purcbas, shall col
commade a waiver ofmy claim under this warranty. Except as otherwise provided in this pmchise order she Sellers
liability headvnder shill extend to all damages proximately caused by the branch of my of the foregoing wamnties
or guamated, but such liability shall in no went incindr lass of profits or lose arose. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaza may make changes to legal terns by wtinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the stuns, other than legal terns, including additions to or deldiom from
the quarance origiwlly ordered in the specifications or drawings, by vaftud or written change order. If any such
change affects she amount doe or the time ofpdfoamame hereunder, an equitable adjustment shall be, made.
6. TERMINATIONS,
The Pardemar may at any time by women change emir, nomadic this aga r mt as to my at all portions of the
goods then not shipped, subject to my Notable adjunmmt between the parries w to any work or mm,ials then in
progress provided that the Purchaser shill not be Gable for any claims fen anticipated profits on the uncompleted
portion of the good and/or work, for incidental or comequential damages, and Oat no such Wjustment bd made in
favor of the Seller with respect to any good which art me Sellers ma dani stock. No such tetminsom shall relieve
the Purchaser or the Seller of any oftheir obligations as m my goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for edjustmeml muss be asserted withi. thins (30) my, from the dam the change ter termination is
nodded.
8. COMPLLUICE WITH LAW.
The Sella warrants that all good mid hertuvM shall have taco produced, sold, delivered and f iahcd in stria
compliance wins all applicable laws mad regulations to which the goad are subject The Sella shall examine and
deliver such documents as may be required to effect or evidrna cumpliams. All laws and regulations wiuiaW to be
incorporated in stratum of this diameter are hereby incorporated herein by Out reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all dens and damages suffered by He Punchamr as a result of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this ardor, or my monies due or to become due hereunder without the
prior wiinan consent ofine other parry.
B11FITLE.
The Sell, vvarwnrs fin, clew Wis umeslrldled ride to the purchaser for all compound, matermis,,ad itetns fished
in perfommnce of ids agreemrm. f and dear of any WM all liens, restrictions, reservations, commit, instant
encumbrances and claims ofodmot.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If me Purchaser directs the Seller in dared nonconforming or defective goods by a date to be agreed upon by the
Purehater and the Sella, and the Seller thereafter indicates in inability or unwillingness to comply, the Purchaser
may auu the weak W be performed by the mast expeditious meant available to it, and the Seller shall pay all
cold associated with such work.
The Said shall relive the Purchaser and its contractors of my tide from all liability and claims of any name
resulting from the performance ofsuch work.
This release shall apply even in the went of fault of negligence of the party retreated and shall extend to the
directors, officers end employees of.h party.
The Seller's contractual obligations, including warranty, shall not be domed to be reduced, in any way, because
such work is performN or mused to be, performed by the Purchaser.
14. PATENTS.
Whenever the Sell, is remind to use my design, device, somenal or process covered by loner, patent, trademark
r copyright, its, Sella shall indemnify read sons harmless the Purchaser fium my a^d all clef for infirmim era
by reason of the use of such patented design, device, internal or process in connection with the con , and
shall indemnify the Poseldi r for any cost, expersse, or damage which it may be obliged w pay by reason ofsuch
infraingement at my time during me pmsamion or after the completion of the work. In now said equipment or
my pan thereof or the wtmded use of the good, is in such suit held to constitute infringement and the use of
said duipment or pan is joined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the some with substantially catool but
aminfeinging equipment, ar modify a so it becomes noninftlaging.
15, INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assigammt for the benefit of creditors, appoint a
musiver or trustee fin my of the Sellers pfi cur,, or brtsinms, %is order, may fanhwith be doex al by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of,. usd or the intemmatim olds agreement and the rights of all ponies looda dea shall be
..ad under and gavrmW by me laws of the Sena of Colorado, USA.
The fallowing Additional Conditions apply only in cases whom the Seller is to perform work hereunder,
including the services Of Sellers Repreeenmtive(s), on the premises ofethers.
17. SELLERS RESPONSIBILITY.
The Sella shall terry an said work at Sellers own risk until the some is fully completed and accepted and shop,
an ease of my accident destruction or injury, to the work andror mareriah before Sellers fined ampletioo and
Woeptmce, complete the work at Sellars ram expense and to the satisfaction of the P rchand. When mmensw
and equipment are fumubed by others fen installation or c tint by the Seller, no, Seller shall receive, mbad,
store arW handle same m the site mad became responsible nerefm as though such materials wall equipment
were being( fished by the Sella uvdcr the weer.
19. INSURANCE.
The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employes employed on or in connection with the work covered by this purchase cold,
moo to their deprndems in accordance with the laws of the state in which me work is W be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractor] and automobile public
liability ins with hodily injury end death limits of or least 90o,OW for a, .or person, 550Qo0U for my,
one accident and property damage limit per accident of S40 ),Dp0. The Sell, shall likewise require his
dine cors, if any, an provide for such wmpen cation and firer a. Before my of the Sellers or his con.On.
employees shall da my work, upon me premiss of ethers, the Sell, shall furnish the Purchaser with is arificate
that such compensation and insurance have been provided. Such cefi f tes shall specify the date when such
dmpaamion and ireurmce hiss been provided Such anifiewas shall specfy the dale when such compensation
and insurance expires. The Sella agree Owe such cona,masinficus and insurance shall her mamiximi.61 after the
maim work is completed and Warted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss W injury of any kind
or nature whatsaver to persons or papery caused by or resulting from me execution of the work provided for in
this purchase order or in connection herewith. The Sell, will indemnify and hold bandaa, me Purchaser and any
or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
char,, of expenses, whether direct or on iced, and whether m persons W papery to which the Purchaser may
be put or subject by reamo of my Wt, action, mglM, omission or default m da pm of the Sella, my of his
coahWtors, or my of the Sellers in contractors officers, agents or employees. In rase my suit or other
proceedings shall he brought agairrsl me Purchaser, or its officers, agam or dnployees at my ease on Wdunt ter
by reamm of my WL action, region, omission or dfault of the Seller of any of his contraded or any of its ter
their officers, agents or employees as aforesaid, thc Seller hereby agrees to assume me &ft. mertor and to
defend the same at die Sellers awn expense, to pay my and all casts, charges, Whom, fees and other expenses,
my and all judgments that may be incored by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against Os propery of ne Purchaser, or said parties in or an a result ofsuch suits or other proceedings,
me Seller will at ono cause the same ro be dissolved and discharged by giving bond ar otherwise. The Sella and
his contractors shall take all safety preca mans, finish and install all guards necessary for the prevention of
Wcidenes, comply wins all laws and regulations wins tegao to safety including, but winner limitation, the
Occupational Safety end Health Ad of 1970 and all rates and regulations issued pursuant theme.
Rwised 07R014