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HomeMy WebLinkAbout102654 SCHRADER PROPANE - PURCHASE ORDER - 9150135Fort Collins Date: 01/08/2015 Vendor: 102654 SCHRADER PROPANE PO BOX 495 FORT COLLINS CO 80522-0495 PURCHASE ORDER PO Number Page 9150135 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 CO 80521 Delivery Date: 01/08/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order 1 LOT LS 20,000.00 Propane cover the cost of propane tank fill -ups at the 835 Wood Street fueling site for fiscal year 2014. All requests for fuel shall be made by City Parts department only. All deliveries shall 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 Goods and/or services. 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. CON4hffiRCIALDETAILS. Tax exemptions. By statute the City of Fart Collins is exempt ftom state and local axes. Our Exemption Number is 98-04502. Federal Excise T. Exemption Canifeete of Registry 844000587 is regimented with the Collector of Internal Reverme, Drava, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected GOODS REJECTED due to failure to meet spaifications, either when shipped or due to defects of damage in transit may he tenoned to you for credit and me trot to be replaced except upon receipt of written instrvctione from the City effort Collins. Inspection. GOODS me subject to the City of Fort Collins inspection can miW. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in outbound payment on the part of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completionof ell applicable required inspection pmnalmes. Freight Terms. Shipments mutt be F.0 B., City of Fort Collins, 7W Wood Se, Pon Collins, CO 90522..1ess otherwise specified on this order. If permission is given w prepay freight and charge mpamb3y, the original freight bill most mar. invoice Additional duarahs for pmkhta will not be aambd Shipment Dusame, m. Wham manufacturers have disnibu ring points in various pens of the country, shipment is expated from the newest distribution point to destination, and excess freight will be deducted from Invoice when shipments we made from greater distance. Pmmita. Seller shall procum at sellers to cost all neessay, peanuts, cenificmes and licenses required by all applicable laws, regulations, ordinances and mlea of the mine. mmucipelity, territory or political subdivision where the work is Fortunate. or required by my other duty cautioned public authority having jurisdiction over the work of vendor. Seller found. agrees to hold the City of Far Collins hesmlas from and agethat ell liability and loss incurred by them by reason of an seemed or established violation of my such lawn, regulations, ordinances, rules and requirements. Authorization All parties to this contract ogee that the representatives me, in fact bon fide and poamx full and complete immunity to bind said panties. LIKUTATION OF TERMS. This Purchase Order expressly limits acceptance to the bens and conditions stated herein son forth and my supplementary or additional terms and condition annexed hereto or incorporated herein by reiimnce. Any additional or diHamtt s and conditions proposed by seller me objatd to and hereby rejecont 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediaely if you cannot make complete shipment to arrive on your promised delivery daze u noted. Time is of the essence. Delivery ad performance most be effected within the time steed on the purchase order and the documents enriched hereto. No ens of the Purchasers including, without limitation, acceptance of partial Irate deliveries, shall operae as a waiver of this prevision. In the event of any delay, the Pmchasa shall have, in addition to other legal and equitable remedies, the option ofpladng this order elsewhere and holding the Seller liable for damages However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable whidt ere beyond is reasonable control and without it fault ofnegligance, such am of God am of civil or military authorities, governmental priorities, fires. mikes, Bond Widemic , was or dos pmvided the, notice of the condition wain, such delay is Ilium th the P chaser within five (5) days of the time when the Seller fin raeived knowledge thereof. In the event of my such delay, the doe of delivery shall be amended for the period equal to the time actually loss by reemn of*h delay. 3. WARRANTY, The Seller warrants that ill goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples No, other descriptions given, will be fit for the puryosea intended, and Indicated with the highest degree of into and competence in .,it.. with accepted standards for work of a similar namarh The Seller agrees to hold the purchaser harmless from my loss, damage or exparse which the Purchuser may suffer or incur on recount of the Seller breach of warranty. The Seller shall replmS .,A, or more good, without cost to the purchaser, my defers or faults arising within one (1) rotor within such longer period of time as may be prescribed by law orby the toms of my applicable warsanry provided by the Seller aAer the dab of accepmnce of the goads famished hereunder (scceporm or to be unreatonably delayed), resulting from imperfect or defective work done or materials Furnished by the Seller. Acceptance or we of good by the Purchaser shall not ..or. a waiver of my claim under this wamaty. Excep, as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages priummely caused by the breach of my of the foregoing waranficar or gummtms, but such liability shall in no event include loss of profits or lass of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purdhmer may make changes to legal is by written thane order. 5. CHANGES IN COMMERCIAL TERMS. The Purduser on, make any changes to Nan firm, ether than legs corms, including additions m or deletions from the quantities originally ordered in the specifications or cawing, by verbal or written change order. If my such change affa" the amount due or the time of pedormmce hereunder, on equitable edj.ament shall be made. 6. TERMINATIONS. The Fireman may a my time by wrism change order, taxi are this agro men, as to my err all portions of the goods Man rat shipped. subject to any Wuimble edjusnent between the ponies as to my work or materials then in progess provided then the Purchaser shall not be liable for my claims for anticipated profits on the .compleed Former of the good and/or work. for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to my goods which me the Sellers standard stock. No such brmination shall relieve the Purchaser or the Seller of my ofthelr obligations as to my goods de ivered hereunder. T. CLARv1S FOR ADMSTMENT. Any chum for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WTIH LAW. The Sella warms that ell good sold hereunder shall have bem produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the good are subjam The Seller shall execute and deliver such documents u may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character as hereby incorporated herein by this reference. The Seller agrees 0 indemnify and hold the Purchaser harriers from all costs and damages suffered by the Purchaser u a result of the Sellers failure to comply with such law. 9. ASSIGNhffNT. Neither party shall esmgn, transfer, or convey this order, or my monies due or to become den hereunder whom the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to me Purchaser for all equipment materials, and items fumiahed in part... a of this agreement free and dam of any and WI lieu, n stridiam, reservations, security interest mcumbrmces and claims oforhas. 11. NONWAIVER Failure of the Partner to insist upon strict pedo... of the tames end conditions hereof, failure a delay to xaciae any rights or remedies provided herein or by law. Nlum to promptly notify the Sella in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seiler of any of the war is or obligations of this purrhue order and shall not he deemed a waiver of any right of the purchaser to insist upon staid performance hereof or my of its rights or remedies as to any such goad, regardless of xhm shipped, rereived or--aaepted, as W my prior or subsequent do Wt Inhamder, not shall my puryoned oral modification or tescission of this purchase order by the Pumhuer operate in a waive, of my of the terms hereof. 12. ASSIGNfvtENf OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations we in fact home by the Purchaser. Theretofore, for good cause and as consideration for orienting this purchase order, Inc Sella hereby assigns to the Pwchase, my and all claims it may now have or hereafter acquired .der federal or stare mtitsurt laws for such overcharges relating to the particular goads or services purchased or acquired by the Pitchman, pursuers to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. V the Purchaser directs the Seller to corecn nonconforming or defective good by a time to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates in inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious morns available W it and the Seller shall pay all costs associated with such work The Sella hall rdvce the Purrhamr and its contractors of my tier from At liability and claims of my na ire reawting That the'do.. a stabs work This release shall apply even in the event of fault of negligence of the parry released and shell extend W the directors, officers and employees of such parry. The Sellers menstrual obligations, including warmry, shall not be deemed to be reduced, in my way, because such work is performedor caused 1. be p nfica ed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use my design, device, material or process covered by law, patent ndenaris or copyright the Sella shall indemnify and save handess the Purchaser fiom my and ell chums for infringement by reason of the use of such peamed design, device, .aerial or process in evnalion vrith the enntrect, and Atoll indemnify the Fmdhashr for my cost asperse or damage which it may be obliged to pay by reason of such infringement at any time during the promotion or after the completion of the work In cam said equipment or my pat thereof or the intended use of the goods, is in inch suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at is own expense and a its option, either picture for the Purchaser the right W continue using said equipment or pro, replace the same wish substantially equal but noninfeinging equipment or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become ovelvent or bankmpt make on assignment for the benefit of creditors, appoint a seam. or costa for my of the Seller proper} or business, this order may forthwith be canceled by the Purchases without liability. 16. GOVERNTNGLAW. The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and goad by the laws of the State of Colorado, USA. The following Additiond Conditions apply only m cues where the Sella is in perform work hereunder, incuding the servicasof Sellers Rsprarntarive(s), on the premise ofothex IT. SELLERS RESPONSIBB.ITY. The Seller shall wry on mid work in Sellers own risk mail the same is fully completed and accepted, and shall, in cue of my accident destruction or injury to the work and/or methods before Sellers Fled complain. and acceptance, complete the work a Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment ma famished by odes for insWlefir. or erection by the Sella, the Seller shell receive, uWoad, store and handle same at the site and become responsible therefor as thomith such materials and/or equipment wore being Burnished by the Seller under the order. 19, INSURANCE, The Sella shall, st his own apeme, provide for the payment of workers compumaron, including marmoset disuse benefits, to its employees employed on or in connection with the work covered by this purchase order, mdbr to the, dependents in accordance with the laws of the saw in which the work is to he done. The Seller shell also carry comprehensive general liability indmin& but not limited W, antractual and man -bile public habiliry insurance with bodily injury and death limits of at least S300,o00 for my one person. S500,000 for my one accident and property damage limit per accident of S400,00. The Seller shall likewise require his connectors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employas shall d0 my work upon he premises of others, the Scllm shall Tonish the Purchaser with a cerofirste then arid, compmsaoou and insurance have been prowdeL Such certificates shall specify, the date when such compensation and bourance haw, beat provided Sun certificate, shall specfy the dare when such communication and insurance «pion. The Sella agrees then ands corrpereatum and baurance duel be encountered fit Alton the more work is completed and accepted 19, PROTEMON AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the more responsibility and liability for my and WI damage, loss or injury of my kind r nature whatsoever to persons or prupary, caused by or resulting from the execution of the work provided for in this purchase order or in correction herewiN. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers ffcm . agars and employees farm and agA" any and ell claims, leases, damages, charges or erpenms, whether that or indirect and whether W persons or property, to which the Purchaser may Its put or subject by reason of my ant moon, neglect, omission or default on she pan of the Seller, my of his contractors, or my of the Sellers or canoanors officers, agents or employees. In case my suit or other proceedings shill be brought Notion the Purchaser, or it officers, agars or employees awry time on account or by reason of my an, action, neglect, Omission or default of the Sella of my of his commomis or my, of its or their officers. agents or employees as AT.rmid, the Seller hereby agrees to assume the defense thereof and to defend the same a she Sellers own expense, W pay my and all cos", changes, moneys fees and other expenses, my and all judgments that may her incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in use judgment or other lies be placed upon or obtained agaimm the property of the Ruhaur, or said parties in or as a shalt of such suits or other proceedings, the Seller will at Once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and his mntrmtors shall are all miry, praauoons, fiction and instal all guard necessary for the preveetian of mcidents, comply with all laws and regulations with regard to safety indudin& but without limitation, the Oanthationd Safety and Health Act of 1970 and all cola and regWaions issued pursuant thereto. Revised OM014