HomeMy WebLinkAbout108918 AIRGAS INTERMOUNTAIN INC - PURCHASE ORDER - 3215094of
Fort Collins
Date: 01/09/2015
Vendor: 108918
AIRGAS INTERMOUNTAIN INC
305 AIR PARK DR SUITE 2
FORT COLLINS CO 80524
PURCHASE ORDER 321609er Page
215094 loft
s number must appear
all invoices, packing
Ship To: POLLUTION CONTROL LAB
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 01/09/2015 Buyer: PAT JOHNSON
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR.
DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE
TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket Purchase Order
Pollution Control
1 LOT LS
THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR.
DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE
TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
P,4
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.com
25,000.00
Total $25,000.00
i
Pay tirms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tents and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. dynamo, the City of Fort Collins u exempt fcam sure cud local taxes. Our Exemption Number is
It. NON WAIVER.
98-01502. Federal Excise Tax Exemption Cmificare of Registry U-6000587 is registered with the Collector of
Failure ofthe Purcho n to insist upon sanct performance of the terms and conditions hereof, failure m delay to
forecast Revenue, Denver, Colorado (Ref Colorado Revised Samoa 1973. Chapter 39-26.114 (a).
exercise my rights or remedies Pmvtded bunion or by law, failure to promptly testify the Seller to the esmt of a
bench. the ancepumu of or payment far goods hereunderw approval of the nailer, shall not ml—the Sella of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped m drum defects of
any of the tw remia or obligations of this purchase order and shall not be dcemed a waiver army right W the
damage in transit, may be retomed to you for c dot and are had to be, replaced except upon receipt of xvin d
purchaser to most upon men performance harmfm my of its rights or remedies m to any such goods, regardless
instructions from the City error Collins,
of when shipped, received or accepted, m to my no, or subsequent default hereunder, nor shill any porponed
am[ modification or rescission of Nis purchase order by the Purchases opium, as a waiver of my of the tents
Inspection. GOODS me subject an the City of I. Collins inspection on amval.
hnmf.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to be understand that FINAL
Sella and the Purchaser recognize then in sctml economic practice, overcharges resulting tom antitrust
ACCEPTANCE is dependent uponmmpldlonofall applicable requtd inspection procedures.
Arlmions are in fact borne byte Pmchaaer.Theretofore, fur .it came and or coaidemtion for executing this
purchase coder, the Sella hereby assigns to the Purchaser any and all claims it may now have ar hereafter
Freight farms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal or mar conitrust laws for such overcharges relating to the Particular good or services
otherwise specified oa this oiler. If permission is given to prepay freight and charge separately, the origitul freight
purchased or acquired by else Panummr pursuant to this purchase order.
bill must occomoanv invoice. Additional chances for catkins, will not be accented.
Shipment Distance. Where manufacturers have distributing points in comes pans of the country, shipment is
expected fmm On nearest distribution point to distinction, and excess freight will be, deducted from Invoice whom
shipments arc made from greater do..
Permits. Sella shall procure at sellers sole cost all era., panmiu, cenificma and licenaes terminal by all
applicable laws, regulations, oNinun¢s and cola of the sate, municipality, hunt., or political subdivision where
the work is performed, or required by any other duly surrounded public authority citing jurisdiction over the work
of venter. Sella fuller agree, to bold the City of Fort Collins harmless from and e,imt all liability and loss
incurred by them by roman of an asuned or aublished violatim of my such laws, regulations, ordinances, rates
and o nairements.
Automation. All panic to this contract agree that the repreantariven me, in fact, bona fide and Potwar full and
complete authority to bind mid pmia.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions sad
herein an forth and any supplementary or additional terms and conditions annexed hereto or incorporated hernia by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DEI,IVLRY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
Promised delivery date a noted. Time is of the essence. Delivery and pawfomance must be effeced within the lime
stated on the purchase order and the document attached hereto. No mar of the Purchasers including, without
limitation, acceptance of pmial late deliveries, shall operate m a waiver of this provision In the event ofany delay,
the Pumhowr shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of dolays
due to anus Out reasonably foreseeable which are baronial its reasonable control and without its fault of negligence,
such acts of Gal, acts ofeivil or military authorities, gmemmental prionties, fines, worker, Rood, Videmin, wars or
Our provided that notice of the conditions causing such delay u given to the Purchan within five (5) days of the
time what the Seller first received kmwledge thereof. In Or event of my such decoy, the One of delivery shin be
extended for the period egad to the time mostly lost by ream ofthe delay.
3. WARRANTY.
The Seller wamnu that all good, articles, materals end work averal by this order will conform with applicable
drawings, specifications, samples andtor other descriptions given, will be fit fro the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar aware. The Seller agrees to hold the pmchawr harmless from any loss, damage or expense which the
Purchaser may suffer m incur on narrow ofthe Sellers breach of warranty. The Seller shall replace, repair m make
good, without cost to the purchowr, my defects or faults arising within one (1) year or within such larger period of
time as may be prescribed by law or by the tams ofany applicable warranty provided by the Seller after the date of
acceptance of the gadk famished awarder (weapmace not to be unrcoranably delayed), reaching Fora impafat
or defective work done or contains famished by the Seller. Acceptance or one of good by the Purchaser shall not
Institute a waiver of my claim under this warranty. Except as otherwise provided in this purr aw order, the Sellers
liability hereunder shall extent to all damages proximmely caused by the breach of my of the foregoing warants
or geam erns, but rush liability shall in no event include loss of profts or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Purcbmer may make changes to legal tams by won= change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes ha the terms, other than legal most, including addieaa a or deletions firm
the qumtitia originally ordered in the specifications or drawings, by verbol or women change other. If any such
change .seas the amount due at the dote ofperformance hereardn, an mailable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrimen change order, terminate this'emoum as m my a all portions of the
goods then not shipped, subject many equitable adjustment between the pmtia as to any work or materiels then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profils on the woo mpletM
portion of the goods torpor work, for incidental or communalist damages, and that no such adjustment be, made in
favor of the Seller with respect to my good which are the Sellers standard stock. No such Narration shall relieve
the Purchaser or the Seller ofany of then obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be acsmed within thtrry (30) days from the date the change or twormi m is
wr cd.
8. COMPLIANCE WITH LAW.
The Sella warrants Nat ill goad sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are anbjnt The Sella call execute and
deliver such docmmmts as may be, mptid to effect or evidence complunce. All laws and regulations mmmaJ m be
imar,omud in eprttme. of this character are hereby incorporated herein by Nis ref ce. The Sella agrees to
indemnify and hold the purchaser heartless form all costs and damage, suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, bmssfer, or convey this other, or my monies due or to became due hereundm without Or
poor written c rra c t ofthe other parry.
10. TITLE.
The Seller warrants full, clear and umaWeted title to the Purchaser for all equipment, materials, and items f fished
in performance of this agreement, free and clear of my and all liens, restrictions, reservations, mainly interest
encumbrances and claims of enters.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Pumhaser directs the Seller to comet nonconf ing or defective goods by a date m be agreed upon by the
Purchaser not the Seller, vast the Seller thereaBn indicates its inability or unwillingness to comply, the Purchaser
may auu the work to he performed by the most expeditious mcaru available 0 it, and the Seller shill pay all
toms associated with such work.
The Sella shall release the Powhaser and its contrarma of my its from all liability and claim of my nature
resulting from the pelf race ofsuch work.
This intense shall apply even in the event of fault of negligence of the parry released cud shall extend to the
directors, officers and employees of such patty.
The Sellers command obligations, including warranty, shall not M deemed to be reduced, in any way, because
such work is perforate or caused to be pM rased by the Pumhawr.
14. PATENTS.
Whenever the Seller is required tome any design, device mmerial or process covered by lamer, patent, trademark
or copyright, the Seller shall indemnify and save manless the Purchaser from my and all claims for Ofm tom n
by crown of the use of such parented design, device, material or process in connection with the common, and
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged m pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In caw said'uipram, or
my Pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its awn expense and at its option, either promote for the
Purchaser the right to continue using mid equipment or pans, replace the came with substantially expand but
noninfdnging occupational, or modify it so it becomes noninfdnging.
15, INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assigmnew for the bmeft of credimrs, appoint a
metver or morrow for my of the Sellers property or wouress, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftermn tad ar the inta,marr am ofthe agreement and the rights craft panics hneurder shall be
command ands and governed by the laws ofthe State ofCalomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work heremder.
including the services of Sellers Representative(s), Or the premiss or others.
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 use of any waidem, destruction or injury to the work surfer materials before Sellers f al completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction off Purchaser. When materials
and equipment me famished by others for instillation a re lion by the Seller, the Seller slap receive, .[.ad.
store am handle mme at the site and became responsible therefor as though such mammals and/or equipment
were being fumished by the Seller undo the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease Iremfts, as its employees employed on m in comedim with the work mved by this purchae order,
sector b their dependents m acmadime with the fus of the stale in which to work is or be, done. The Sella
shall also cony comprehensive ground liability including. but that limited W. contrecmal and antomobile public
liability insurance with bodily injury and desN limier of an least S300,030 for any out person. $50R." for any
one accident and property damage limit per accident of Stuff. 0. The Seller shall likewise require his
contractors, if any, is provide for such compemmien and insurance. Before very of the Sellers or his wntmnors
employers shall do any work upon the premiss of others, the Seller shall fish the Purchan with a c utifiate
now such compensation and insurance have been provided. Such ani0cma wall specify the date whom such
compensation and insurance have been provided. Such cenifiates shall specify the date when such compensation
and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire tespamibil try and liability for any end all damage, lass or injury of my kind
or metre wauoever to Favors or Property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and half harmless the Purchaser and my
r all of the Purchasers officers, agents and employes from and against my and all claims, losses, damaga,
charges or expenses, caber direct or indirect, and warmer to persons or property in which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan crew Sella, any of has
contractors, or my of On, Sellers or c uri armax officers, agents or employees In ate my suit or other
proceedings shall be brought against the Pm damem, or is, officers, agents or employees at my note on =want a
by coven of my sal, action. neglect, omission or default of the Sella of my of his contada s a my of its or
lair officers, agents or employees as aforesaid, the Sella sorority spaces to assume the der thereof and or
defend the came an the Sellers awn emanate, m pay any end all ands, charges, mmnays fees and when expenses,
my and all judgments that may be marred by or obtained optical the Purchaser Or my of its m thew officers,
agents or employers in such suits or other D.cWu gs, and in caw judgment or other has be placed upon or
obtained against the property ofthe Purchaser, or said panic in or m a mull orsuch suits or other proceedings,
the Sella will at once save the same to be dissolved and discharged by giving barn or otherwise. The Seller and
his contractors shall take all safe vtecmtio es, f ish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without linitation, din
Occupational Safety and Health Act of 1970 and all roles end regulations issued parseram thereto.
Revised 07=4