HomeMy WebLinkAbout495794 RELIANT GASES LTD - PURCHASE ORDER - 9150379PO
PURCHASE ORDER 915037er Page
City of PURCHASE
9150379 + of z
Flirt Collins
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Date: 01/15/2015
Vendor: 495794
Ship To: WATER TREATMENT PLANT #2
RELIANT GASES LTD
CITY OF FORT COLLINS
PO BOX 671786
4316 W LAPORTE AVE
DALLAS TX 75267-1786
FORT COLLINS CO 80521
Delivery Date: 01/15/2015
Buyer: PAT JOHNSON
Note:
Line Description
Quantity UOM Unit Price Extended
Ordered Price
2015 Blanket Purchase Order
1 LOT LS 40,000.00
for Carbon Dioxide
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.
Pricing $107.40/Ton; F.O.B Fort Collins, CO Water Treatment Facility.
Carbon Dioxide Vendor will Follow:
FCWTF SOP for the Purchase of Liquid Carbon Dioxide, Enclosed.
Please forward MSDS and NSF info per enclosed letter.
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
I. COMMERCIALDETAIIS.
Tax exemptions. By smmte the City of Fort Collins is exempt tram mate and local roars. Our Exemption Number is
98-04502. Federal Excise Tux Exemption Carrollton of Registry 84-6000589 is registered with the Collector of
files al Revenue, Denver, Calmodo (Ref. Colorado Revised Sums ea 1973, Chapter 39-26, 1 to pq
Goods Rejected. GOODS REJECTED due to failure to meet speeificatians, ether when shipped ter due to defers of
damage in eamit may be retumnd in you for credit and are not to be replaced except upon receipt of written
interactions from the City of Fors Collins.
Inspection. GOODS are subject to the City ofFort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment an the pan of the City of ran Collins. However, it is to be understand that FINAL.
ACCEPTANCE is dependent .,.completion of all applicable required inspection procedures.
Freight Tense. Shipments must be FOU., City of pan Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified on this order. Ifpermat ion is given to prepay freight and charge seprately, the original freight
bill must accompany invoice. Additional charges for Parking will not be accreted.
Shipment Donator. Where manufmurm have dohibuting points in various pans of the country, shipment is
expected from the moment distribution point to destination, and excess fight will Far deducted from Invoice when
shipments are made fmm greater distance.
I1. NONWAIVER.
Failure of the Purchaser 10 insist upon strict performance of the terms and conditions hereof, failure or delay to
exurrim
any rights or a mbiw, provided herein or by law, failure a promptly notify the Seller in the evens of a
brearl,the areepuane afar payment for goods hereandfa m approval ofthe deign, shall not releue the Setback
any of the wanoutie or obligations of this Franchise order and shall not te dinned a waiver of any night of the
purchaser to insist upon mnct perfomance hereof or any of its rights or remal ns to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default bereund,r, not shall any purported
am] modification or rescission of this purchase order by the Pmchaser Operant as a waiver of any of the team
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges reaching tram antitrust
violations are in fact home by the Purchmer. Theretofore, for good muse and m consideration for executing this
purchme order, the Seller hereby assigns an the Purchaser any and all claims it may now have or hereafter
acquired under federal or stain antitrust laws for such overcharges relating to the particular goods or services
purchmed or acquired by the Purchaser pursuant m this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthc Plummer directs the Seller to confect nonconforming or defective goads by a date to be agreed upon by the
Purchaser and the Sella,, and the Seller theeafter indicates its iwbility or unwillingness to comply, the Purchmer
may cause the work an be performed by the most expeditious means available an it, and the Seller shall pay all
costs msoolated with such work.
Permits. Seller shall procure at sellers sole cast all nevessary permits, ttf fiates and littmes required by all
applicable laws, regulations, ordinances and tales of the sure, municipality, territory or political subdivision where
the work ls performed, in required by any other duty remarried public authority haadngjunsdiction over the work
of vendor. Seller further agree or hold the City of Fan Collins harmless from and a,im, ell liability and loss
red by them by reason of an warned or established violation of any such laws, regulatiam, ordinances, roles
andrrequirements.
Authorian ion. All parties to this contract agree that the representatives tire, in fact, bona file and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the reins and conditions stated
herein set forth and any supplementary or additional arms and conditions annexed hereto or inaugurated Intent by
reference. Any additional in different to. and conditions proposed by seller art objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT im rovimdy if you cannot make complete shipment to active on your
promised delivery dam as noted. Time is mike ossence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No aces of the Purchmcrs including, withom
limitation, acceptance oriental late deliveries, shall opera,, m a waiver of this provision. In the event crony delay,
the Pmchaser shall have, in addition to other 1ega1 and equitable rembies,,he option ofporm, this order elsewhere
and holding the Seller liable for damagrs. However, go Seller shall not be liable for damages as a .1, of delays
due to cause not reasonably foreaabde which ore beyond its reasonable control and without its fault of negligence,
such acts ofGod, aces afrivil or military amhorities, go emmaul Families, fires. actual. Boor, epidemim wars or
noes provided that notice of the oondmom causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge therm(. In the event of any such delay, the date of delivery shall he
extended for the period and to the time armally last by reason order delay.
3. WARRANTY.
The Seller wermnrs that all goods, unities, maerials and work covered by this Orden will conform with applicable
drawings, specifications, samples and/or other descriptions over, will be fit for hat purposes (mended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar mature. The Seller agrees a hold the pmommer harmless fmm any loss, damage or expense which the
Purchaser may suffer or hour on account of the Sellers broach of.tY The Sella shall replace, repair a make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may Ise prasenbed by law or by the toms of any applicable wmrwly provided by the Sella after the time of
acceptance of the gents famished hrmader (acceptance car to be unseasonably delayb), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or me of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this puchax order.the Sellers
liability hereunder shall extend an all damages pmmmarly caused by the, breach of any of the foregoing warden.
or guarantees, 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 Purchmer may make changes On legal teas by written change order.
5. CHANGES IN COMMERCIAL TF,RMS.
The Purchmer may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verhal or wrinen change order. If any such
change aRcds the amount due Or the time ofpafmmance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchmer may at any time by writers change order, Immune, tine, this agreement as to any or all Foram of the
goads then no, shipped, sobject o any equitable adjustment between the parries as to any work tar materials then in
pmgrcss provided thin the ,rommi shall not be liable for any claims for anticipated profits oa the uncompleted
ponion of the gosh andsor wink, for incidental or cam yuemul damages, and that ao such bjmtment be made in
favor of the Seller with respect to any goods which art the Sellers standard stack. No such termination shall relieve
the Purchmer in the Seller cranny of their obligations a to any grads delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is
ordered
8. COMPLIANCE WITH LAW.
The Seller various that all goods sold hereunder shall have been produced sold, delivered and fumished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required an effect or evidence compliance. All laws and regulations required In be
neoryooled in agreements of this character are hereby incorporated herein by this refereatt. The Sella agrees to
indemnify and hold the Purchmer ham les from all costs and damages su@red by the Purchaser m a result of the
Sellers failure to comply with such [no,
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
poor watch coment ofthe other party.
10, TITLE.
The Seller warders full, clear and marmimod title m the p mkmxa for ell equipment, materials, mad in. fumishM
in performance of this agreemeat fin and clear of my and all liens, ternaimn, rmemtiom, security interest
encumb omery and claims ofothers.
The Seller shall release the Purchaser and in contractor of any tier fmm all liability and claims of any nature
resulting fmm the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
diremora, ofiicrrs and employee ofsuch party.
The Sellers contracmal obligations, including warrdaty, shall not be deemed to be aboard, in any way, because
such work is performed or cauwd to be performed by the Purchmer.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by later, patent, trademark
r copyright, the Seller shall indemnify, and save handles the Purchaser farm any and all claims far infringement
by reason of the use of such patented design, device, material or pranvs h variation with the contract, and
skill indemnify the Purchaser far any cost, expense or damage which it may he obliged to pay by reason of such
infringement at any time during the prmrcution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constimm 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
Purchmer rise fight to continue ming said equipment or pans, replace the same with substantially equal but
noninGnging equipment, or modify it so it becomes noninfnnging.
15. INSOLVENCY.
If flee Seller skill become insolvent Or bankrupt, make an assignment for the hater" of auditors, appoint a
receiver ter trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchmer without liability.
16. GOVERNING LAW.
The definitions stations coed or the interpretation ofthe agreement and the rights of all parties hereunder shall be
cmurtaed under and g,wemal by tha lawn of the State ofC.lmba, USA.
The following Additional Conditions apply only in cases where the Sella, is to perform work hereunder,
including the sm an ofScllm Reymseaullva(s), on the premise afotbers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work m Sellers own risk until the same is fully completed and acceplcd, and shall,
in cal of any accident, destruction or injury to the work output, matenah before Sellars I m] completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchmer. When materials
and equipment ma famished by others for installation or erection by the Seller, the Seller shall receive, unload,
tare and handle same or
the site and become responsible therefor m though such mataals notice equipment
were being famished by the Seller order the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employers employed on or in connection with the work covered by this purchase order,
andlor to their dependents in accordance with the laws of the slate h which the work is on be dote. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
Liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any
one accident and pmpeny damage limit per accident of Mail". The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchmer with a anifate
drat such compensation anal iesumnce have been provided Such certificates shall specify the data when such
compensation and insurance have been provided. Such certificate shall specify the date when such compensation
and insurance expires. The Seller agrees that such mann,msarion and imumme shall be nominincl until alley the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella brreby assume the entire responsibility and liability for any and all damage, lass or injury of any kind
or more whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchmer and any
in all of the Purchmers officers, agents and employees firm and against any and all claims, Inoue, damages,
charge or expense, whether direct or indirect and whether to persons or proreny ro which the Pursbmer may
be put or subject by reason of any act, action, Oradea, omission or default on the part of the Seller, any of his
omramon, or any of the Sellers or contractors aDicars, agents or employees. In case any suit or other
praceedmgs shall he brought against the Purchaser, a, its othcm, agents or employees at my time on account or
by reason of any act, action, neglect. omission or default of the Seller of any of his contractors or any of its or
their of rem. agents Or employees as aforesaid, the Seller hereby agree to assume the defense thereof and to
&fail like same at the Sellers owns expense, to pay any task all cuts. charges, atmmeys fees and other exPeoses,
any and all judgments that may be banned by or obtained against the Purchaser or any of its or their alhcm,
agents or employees in such suits or other proceedings, and in case judgment in other lien be placed upon or
obtained against the property i frhe Purchase, or said Ironies in or m a mutt irmalt suits or other pmceeemma,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his economics shall take all safety precaudorkc famish and install all guard necessury for the prevention of
accidents, comply whh ail Box and regulations with ,egad to safety including, but without limitation, the
Occupational Safety and Health Am of 1970 and all rules and regulations issued pursuant thereto.
Revised 07f2014