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HomeMy WebLinkAbout107586 AMERIGAS PROPANE LP - PURCHASE ORDER - 9150236Fort Collins Date: 0111312015 PURCHASE ORDER PO Number Page 9150236 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 107586 Ship To: FLEET SERVICES - MAIN SHOP AMERIGAS PROPANE LP CITY OF FORT COLLINS 1036 SMITHFIELD DR 835 WOOD ST FORT COLLINS CO 80524-8564 FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order 1 LOT LS 5,000.00 to cover the cost of mescellaneous propane fill -ups at EPIC for Zamboni only for fiscal year 2015. (This is not for regular propane fill -ups.) All deliveries shall be ordered by City Facilities department or EPIC staff only and shall be accompanied by an invoice or job ticket including contact person and site location. 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 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By same the City of Fon Collins is exempt fmm state and laal taxes. Our Exemption Number is 98414502. Federal Excise Tax Exemption Cenifcam of Registry 84-6000589 is registered with the Collecmr of Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Sesames 1973. Chapter 39-26,1 M (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either what shipped or due to defects of damage or transit, nay be mumed to you for credit vd are cat m be mr,laced except upon receipt of written bstmctions fmm the City of Fort Collins. Impaction. GOODS are subject m the City ofFort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, sera or epaipnaenl in respnme to this cads, on. result in aulhmized payment on the pan of the City of Fort Callum. However, it is to he unicameral that FINAL ACCEPTANCE isdependent upon completionofall applicable nodi dine ationpardons. Freight Team. Shipments most be F.O.B., City of Fan Collins, 700 Wood Se, Fort Collins, CO 80522, unless otherwise specified m Nis order. If permission is given to Prelay freight and charge separately, the original freight bill most accompany invoice. Addifiousl charges for parking will not be accepted. Shipment Distance Where manufuctuners have distributing Prints in various pans of the country, shipment is expected flown the prat distribution point to destination, and excess freight will be deducted fmm Invoice what shipments art made from greaser distance. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of breach, the mermantt of or payment for goods hereunder or appm—I ofthe design, shall Out release the Seller of any of the warranties or obligations of Nis purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance madfor any of its rights or remedies as to any such goods, regardless of what shipped, raeived or accepted, as to any prior or subsryuatl default hereunder, ror shall any purported and modification or rescission of Ibis purchase order by the Purchaser operate as a waiver ofany of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Proxima magnum that in actual monamic practice, overcharges resulting fmm antitrust violations aR in fact bume by the Purchaser. Theretofoa, fen good cause and in consideration for exeenting this Purchase order, the Sena hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal at sate antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Pamhase, pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to caned nonconforming or defecate goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its mastery or mwillingoess to comply, the Purchaser nay came the work ro he performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure in sellers sole cast all necessary permits, certificates and furies required by all applicable laws, regulations, ordinances and rules of the state, municipality, mummy or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hmmless from and against all liability and loss incurred by them by reawn of an assened or established violation of any inch laws, regularmS. ordwnces, rules and reouiremen, Authorization. All parties to this contract agree that the representatives are, in fans, bona fide and possess full and o r,lax authority, to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein at forth and any supplementary or additional Jean and conditions annexed hereto or incorporated herein by refereme. Any additional or different to. and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot mate complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents reached hereto. No acts of the Purchasers including, without limitation, acceptance of pmial late deliveries, shall operate to a waiver of this provision. In the event of any delay, the Purchase, shall have, in addition to ether Iegal ad equitable remedies, the option of placing Nis order elsewhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which aR beyond its reasonable confl and without its fault of negligence, such acts of God, acts ofcivil or militmy authorities, govemmeoal pnonties,f s, strikes, mood, epidemics, teavor riots provided that noiia of the conditions causing such delay is given to the Purchaser within five U) days of the time shm the Sella first received knowledge theref. Ira the event of any such delay, the dam of delivery shall be extended fen the period equal m the time actually Inert by reason aftlre delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, spaificuume. samples audio, other, descriptions give% will be fit far the purposes iatendd, and performed with the highest degree of care and competence in accordance with xceptel standards for work of a similar nature. The Seller agrees to hold the purchaser hannn era fmm any loss, damage or expense which the Purchases may inflator incur con account of the Sellers breach of warranty. The Seller shall replace, repay or make Hood, without castto the purchaser, any defects an faults arising within one (1) year or within such longer period of time as nay bo pexcrit d by law or by the teams of any applicable warranty provided by the Seller after the date of acceptance of the goods fumushd ha cundtt (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials burnished by the Seller. Acceptance or use of goods by the Purchaser shall not constimre a waiver ofany claim under this warranty. Except as otherwise provided in Nis purchase order, the Sella liability hereunder shall extend to all drem,a proximately caused by the breach ofany of the foregoing wenvaatues or guarantors, but such liability shall in no event include loss of profits 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 terms by wrinm change order. I. CHANGES IN COMMERCIAL, TERMS. The Purchaser may make any changes to the tears, other thin legal toms, including additions to err deletions from the quantities originally ordered in the sp ri ficatiom or drawings, by verbal or wraten mange order many such change ofiects the amount due or the time ofperformmnae hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as m any or all panions of the goods then not shipped, subject to any equitable adjustment between the patties 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 emi work, for incidental or consequential damages, and that m such adjustment he made in favor of the Sella with respect to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their abligatiom as to any grads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he assured within thirty (30) days from the date the change or tetmiretion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have bens produced, sold, delivered and famhand in shin compliance with all applicable Laws and regulations to which the goods are subject. The Sella shall execute and deliver such dauments as may he required to elect err evidence compliance. All lows and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this fames. The Sala agnea to a emnify and hold the Purchaser harmless fmm all casts and damages suffered by me Puchaser as a result of the Sellers failure to comply wit such Law. 9. ASSIGNMENT. Neiths, party shall assign, trznsfer, or convey this order, or any monies due or Is, become due hereunder without One prior written consent of the all party. 10. TITLE. The Seller.1v full, clear and uramorreted title to the Purchaser fm all equipment, materials, and it. famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest exumbmxes and claims ofodhers. The Seller shall .1. the Purchaser and its contrecmrs of any tier from all liability and claims of any to. resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the diramu, racers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process coverts by lever, patent, trademark or copyright, the Seller shall indemnify and sate harmless the Purchaser from any and all claims for infringement by rcason of the use of such patented design, device, material or promo in connection with the contract, and shall indemnify the Purchaser for any cart, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, ar any pan thereof or the intended use of the gas, is in such suit held to constion, infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procme for me Purchaser the right to continue using said equipment or pans, replace the same with substantially road but naninfringing equipment, or modify it an it becomes noninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment fm the benefit of creditors, appoint a receiver or trmtor for any of the Sellers property or business, this order trey forthwith be canceled by the Purchaser wRhout liability. 16. GOVERNING LAW. The definitions of tcrrns used or the interpretation ofthe agreement and the rights ofall parries herttsadet shall be construed miler coed ginvented by the laws of the State of Colorado, USA. The following Additional Conditions apply only in casts where the Seller is to perform work hereunder, including the services ofSellcn Rcprtsenmtive(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall cart, on aid work at Sellers own sick until the some is fully completed and accepted, and shall, in case of any occident, destruction Or injury Io the work marl mareruals before Sel1Ks Brad completion and ,mainframe, complete the work at Seller own expense and to the satisfaction of the Purchaser. When materials and equipment are fumishd by others fen installation or erection by the Seller, the Seller shall receive, wload, store and handle same at the site and became responsible therefor as though such materials mWar equipment wart being fumushed by the Seller order the orda. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including resupational disease benefits, to its employees employed on or in connection with the work covered by Nis purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive Removal liability including, but not limined to, contractual and automobile public liability insurance with bodily injury and death limits of at lens[ $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise salon, his contractors, if any. Io provide for such amr,m mian and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a modicum that such compensaion unit insurance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees the, such compensation and insurance shall be maintained until an, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm me exception of late work provided] for in this purchase order or in connection herewith. The Sells, will indemnify and hold hamaless the Proxima and any r all of the Purchasers officcn, agents and employees tram and against any and all claims, lasses, damages, charges or expenses, whether direct Or indirect, and whether to persons or propemy m which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default an me pan of the Seller, any of his contercmrs, or my of the Sellers or common, officers, agents or employees. In use any suit or other pmttdings shall he brought against the Purchaser, or its officers, agents or employers at my time on account or by resson of any act, action, neglect, omission or default of the Seller of any of his coutmctors or any of its or their officers, agents in employas as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own ca,mse, to pay any and all costs, charges, anomays f and other repemea any and ill judgments then may ba ixonad by or ampro l against the Purchaser an any of is or thew ofc., agents or employes in such suits or other proceedings, and th case judgment or other lu m be placed upon or obtained against the properly of the Pmchasa, nr said parties can or as a mad, fsuch snits or offer pence dhit the Seller will at once cause the same to be dissolved and dixhmgd by giving bond or otherwise. The Seller and his conlumors shall take all safety precautions, mouth and install all guards necessary, for the prevention of accidents, comply with all lows and orplatiom with regard to safety including, but without limitation, the Daiquiri.) Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised WnW4