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HomeMy WebLinkAbout108918 AIRGAS INTERMOUNTAIN INC - PURCHASE ORDER - 3215166PO PURCHASE ORDER 321516er Page City of PURCHASE 3215166 1 of z ' `t Collins I I ns This number must appear V " �7 on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 108918 Ship To: WATER UTILITIES AIRGAS INTERMOUNTAIN INC CITY OF FORT COLLINS 305 AIR PARK DR SUITE 2 700 WOOD ST FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 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 i 2015 Blanket Order - Utilities Gases 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 1 LOT LS Total 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 statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 98-00502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Rd Colorado Revised Statutes 1973, Chapter 39-26, 114 (a) Goads Rejected. GOODS REJECTED due to failure to meet specifications, either whim shipped or due to defects of damage in trm n, may be craned a you for credit and are not to be replaced except upon receipt of vdnen instructions from the City effort Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. Final Acceptance. Receipt of the muchaadise, services or equipment in terrorise an this order con result in submitted payment on me pan of the City of Few Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.0 B., City of Fort Collins, 900 Wood St, Pon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the anginal freight bill most scrimnpany invoice. Additional Charges for packing will rot be worried. Shipment Divorce . Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point o destination, and excess freight will be deducted from Invoice when shipments we made from greater distance. Permits. Seller shall procure ar sellers gale cost all necessary perms, certificates and licenses required by all applicable laws, regulations, ordinmces and ales of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly connimted public authority having jurisdiction over the work of vendor. Seller father agrees to hold me City of Fan Collins harmless from and against all liability and loss tied by them by reof an assured or established violation of my such laws, regulations. Mechanics, ales adnason d requirements. Authorimtioa. All parries to this contract agree that the representatives are, in fact bona fide and possess Poll and complete authority to bind said patios. LIMITATION OF TERNS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sac form and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diHerims terms and conditions proposed by seller are objected an and hereby wiecled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents mashed hereo. No arts of the Purchaurs including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. fo me event 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 reasonably foreseeable which arc beyond is reasonable control and without its fault of negligence, such arts of God, scar of civil or military authorities, govormer d priorities, fire, smkw, Bond epidemics, was or dots provided than notice of she conditions causing such delay is given in the Purchaser within five (5) days of the time whin me Seller first received knowledge thereof, In the event of my 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 Seller wdrmnts mat all goods, whom materials and work covered by this order will conform with applicable drawings, apecifieshums, samples and/or amen descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance word accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or most on accost of the Sellers breach of warranty The Seller shall replace, repair or make good, without cast to the purchaser, my defects or faults arising within one (1) year or within such longer monad of time as may be procobod by law or by the term of my applicable warranty provided by the Seller after the date of acceptance of the goods burnished hereunder Paterson, not to be unreasonably delayed), resulting from inhafeel Or defective work done or nagerals famished by he Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warruny. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of me foregoing warrants or guarantees, ben such liability shall in no event include loss of profits or lossof me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS, The Purchaser may make charges to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes an the reins, other man legal teats, including additions a or deletions from the quartices originally ordered in the specifications or dew rge, by verbal or wrmm George order. If my such change affects the amount due or the time of per armarce hereunder, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchaser may at my nine by "Red change order , terminate this ageemml eas to my or all Ramona of the goods gam not shipped, subject o my equitable adjustment between the posies as to my work or materials then in progress provided that me Purchaser shall not be liable for my claims for anticipated profits on the uncompleted roman of me goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are he Sellers standard sack. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW, The Seller warans that all goods gald hereunder shall have been produced sold, delivered and famished in nna compliance with all applicable laws and regulations o which the b ds are subject. The Seller shall execute and deliver such documents as may be required to effector evidence compliance. All laws acd regulations required to he ncorporated in agreements of his character are hereby inwryomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all Coss and damages suffered by he Pmchatee as a result of the Sellers failure m comply vim such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my movie due or to become due hereunder without the prior wnmm rorareIn of the tamer, party. 10. TITLE. The Seller warmacts full, clear and unrestricted title to the Purchuer for al equipment, materials, and items famished in performance of this agreement free and clear of my and all liens, restrur any reservations, security interest encumbrances and claims mothers. 11. NONWAIVER. Figure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m crorase any rights or remedies provided herein or by law, failure to pmmpdy rich fy the Seller in the event of a breach, me acceptance of or payment for goods hereunder or approval of me design, shall not release the Seller of any of the wamanties or obligations of this push use order and shall net be deemed a waiver of any right of the purchaser o insist upon unit performance hereofor any of its rights or remedies as, to any such 'nobs, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waver of any of the terms heroof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pureha¢r recognize thin in actual economic practice, overcharges restat ing from actuating violations we in fact home by the Purchaser. Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all clams it may now have or hereafter acquired coder federal or state antimust laws for such overcharges relating ro the particular goods or services purchased or mqui red by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause me work to her performed by titre most expeditious means available to it, and the Seller shall pay all cos. associated with such work. The Seller shall release the Purdaser and is contractors of my her from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend an the directors, aff ears and employee of such parry. The Seller's contractual obligations, including war enty. shall not be deemed to be reduced, in my way, became such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required m ore my design, device, material or process covered by Imer, patent, trademark or copyright, the Seller shall indemnify and gave humorless the Pmrhmer from my and all Balms for infnngemmt by reason of the use of such patented design, device, mammal or process in connection with me contract, and shall narrowly the Purchaser for my cost, expense or damage which it may be obliged to pay by reason cf such infringement at my time during the prosecution or after the completion of the work. In case said equipment or my pan thereof or the intended me of he goods, is in such suil 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 Purchuer me right to continue using sold equipment or parer, replace the same with substantially equal but cormufdnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property, or bmineu, this other may foMwith be canceled by the Purchuer without liability. 16. GOVERNING LAW. The definitions ofterms used or me intermountain of me agreement and me rights of all parties hereunder shut[ be Consmeed under and gavemed by the laws of the State of Colorado, USA The following Additional Conditions apply only in cues where the Seller is to perform work hereunder, including he services of Sellers Represiregive(S), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carryon said work at Sailers own risk until the same is fully completed and accepted, and Coll, in use of my accident, dearmcdon or injury to the work and/or materials before Sellers final completion and acceptance, complete me work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by orders for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor ar though such mastruds and/or, equipment were being fumishcd by the Seller order she order. 19 INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefis, to is employees employed on or in connection with the work covered by this purchase order, and/or an their depmdeam in accordance with the laws of the stain in which the work is 10 be dare. The Seller shall also carry comprehensive general liability including, but not limited o, comutual and automobile public liability insumnm with bodily injury and death limits of m least 8300,000 for my one Person, $500,000 for my one accident and property, damage limit per accident of SW0,000, The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall can my work upon the premises of ethers, me Seller shall famish the Purchaser with a cenifiom gam such com common and resonance have bent provided. Such cenifutas shall specify the date when such compensation and inmracce have hem provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees then such compenaation and insurance shall be maintained until after the entice work Is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury of my kind or net= whatsoever to persons or property camel by or restating from the execution of the work provided far in this purchase order or in connection herewith The Seller will indemnify and hold hamless the Purchaser and my or all of the Purchasers ofi oa, agents and employees from and against my and all clams, losses, damages, charges or expenses, whether direct or indirseL and whether to persons or property to which the Parchro r may be put or subject by reason of my act, action, neglect omission or default on the pan of the Seller, my of his contractors, or my of me Sellers or cormacrors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or defauh of the Seller of my of his contractors or my of is or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to Pay any and all cars, charges, moseys fen and ether expenses, my and all judgments that may be incased by or obtained against the Purchuer or my of is or their offices, agents or employees in such suits or other proceedings, and in cane judgment or other lint be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suis or other proceedings, me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety institutions, famish and install all guards necessary for the prevendan of readers, comply with all laws and regulations with tegard to safety including, but without Inhibition me Occupational Safety and Hard Act of 1970 and all calm and regulations issued pursuant hereto. Revised 07I2014