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HomeMy WebLinkAbout102652 REXEL RYALL - PURCHASE ORDER - 8800000 (2)Date: 01 /02/08 BLANKET City of Fort Collins Page Number: 1 City of Fort Collins REXEL RYALL 500 N LINK LN FORT COLLINS CO 80524-2738 Purchase Order Number: 8800000 Ship To: DRAKE WATER RECLAMATION FACILITY CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 veuvery uace:-ius-uub Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. 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 " Qty/Units Description Extended Price 1 BLANKET PO FOR 2008 FA &E SUPPLIES Total 2,500.00 $2,500.00 This order is r6aalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580 PO Box 580 Fort Collins, CO 80522.0580 chase Order Tenns and Condition I. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to. City of fort Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exemptions. By statute the City of fan Collins is exempt final state and local nixes. Our Exemption Nmnber is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84.6000581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stat tce 1973, C'Impter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due m defects of damage in transit, may be renamed to you fell credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival Final Acceptance. Receipt orthe merchandise, services orequipment in response 10 this order can result in authorized payment on the Fill of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent all Completion of all applicable required inspection procet mes. Freight Terms. Shipmates must he F.O.R. City of Fort Collins, 700 Wood St, Foil Collins, CO 80522. odes otherwise specified on this order'. If p iinissim is given to preppy freight and clmrge sepn,mely, Ou original freigln bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where Iwnufactarem have distributing points in vat erns Fans of the country, shipnunt is expected from the nearer distribution point to destination, and excess freight will be deducted frorn Invoice when shipments are made from greaterdistance. Pennies. Seller shall piocum at sellers sole cost all necessary pemnils, certificates and licenses required by all applicable laws, regulutions, mdinmmes and odes ofthe state, municipality. ten Cory or political subdivision where the work is performed, or required by any the duly Continued public authority having jurisdiction over the weak of vendor. Seller alone,' agrees m hold the City of Fort Collins lonaless Ilmm and against all liability and less interred by them by reason often asserted or established violation crony such laws, regulations, Codeine", rates and requirements AUlhori ttion. All parties to this Contract agree that the representatives arc, in fact, bona fide and possess full and Complete authority to bind said panic. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the mons and conditions stated herein set forth and any supplementary or additional tern and conditions annexed hereto or incaryomted herein by reference. Any additional or different tons and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you a,urot make complete shipment to arive on your promised delivery doe ies need. Time is of the o senec. Delivery and perfonname muss be effected within the tint¢ stated on the purchase order and the documents attached hereto No acts of the Purclmsels including, without limimimn acceptance of partial late deliveries, shall operate m a waiver of this pruvision. In the event ofnny delay, the Purchaser shall have, in addition to miter legal and equitable remedial, the option of placing this order elemliee and holding the Seller liable for damages. However, the Seller shall not Ira liable for damages as a result of delays due to causes cot mmonably foreseeable which me beyond its reasonable control and without its fault of negligence, such act, of God, acts of civil or military authorities, govenunental priorities, fir", strikes, Rood, epidemics, wars or runs provided that notice of the conditions causing such delay is giver to the Pordnmer within five (5) days ofthe time wheithe Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by remon ofthe delay. 3. WARRANTY. The Seller warms that all goods, articles, nationals and work covered by this order will conform with applicable dmwingst, sp ceifiations, sompla number etlmr descriptions given, will be fit for the proposes intended, and Federated with the highest degree of care and cmnpmence in accodnnce with accepted snution for' work of a similar ration The Seller agrees to hold the pencha m hamdas film any loss, damage a expense which the Purchaser may suffer a men, on..art ofthe Sellers It, of warranty. The Seller shall replace, minor or make good, without car to the purchaser, any defects or faults arising within one (1) year or within such longer Period of rime as may be prescribed by law or by Elie terns of any applicable warranty provided by the Seller after the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably d own, resulting from imperfect or defective work done a materials famished by the Seller. Aceeplanee or use ofgoods by the Purchaser shall not constitute a waiver of any claim ruder this wananly. Except as otherwise provided in this purchase order, the Sellers liability hercuralm shall cxmnd to all damages proximately aimed by the breach of any of the foregoing wor m ti s or grumences, but such liability shall in no event include loss of profits a Ims of law, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charger to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any charges to the rams, other now legal tenor, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal a wi t tear change order If any such Change affects the annount due a the time of net forarce hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The Pnmhascr may at any time by written change order, terminate this agreement is to any or all portions of the goods then not shipped, subject o any equitable adjustment between the lames as to any work or materials llten in Imminent provided that the Purchase, shall not be liable for any claims for mniciµ ted profits on the unwmpleted portion of the goods and/or work, for incidental a consequential danoges, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchmer or the Seller of any of their obligations as to any goods delivered hmcnnder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days film the date the damage or immolation is ordered. 8I COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall hove been produced, sold, delivered and famished in strict compliance with all applicable lases and regulations to which the goods are subject. The Seller shall Cem me and deliver such chumm ems as may be required to effect or evidence compliance. All Imes and minimums required m be incerpommd in agreements of this character are hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all calls and Comagcs suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order. Ce any monies due a to bacon due hereunder without the prior written consent of the other party. 10. TITLE. I Its Seller wall PER, clear and unrestricted title to the Purchaser rural) equipment, materials, and items famished in perfomonce of this agreement, free and clear of any and all liens, remrimime, reservations, security interest encombmnces and claims of others. I I. NONWAIVER. Failure of the Purchaser to insist opal sti cr perfa Trance of the moms mid conditions hereof, failure or delay to exercise any rights or moodies provided herein or by law, failure to promptly notify the Seller in the event of a breach, ate acceptance of a payment for goods hertmrder or approval of the design, shall not release the Seller of any of rite warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon staid pa forance hereof or any of its rights or remedies as to any such goods, regardless orwhen shipped, received or accepted, at to any prior or subsequent defends hereunder, nor shall my purported oral m n i6catimt or rescission of this purchase order by the Purchaser operate as a waiver of any of the temp hereof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purelimer moneguixe that in al economic practice, overcharges resulting from antitrust violations We in Fact bonne by the PUrchmen, Tlmremfore, fiagood came mid as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claim it may now Lave or oereafter acquired under federal or mate antitrust laws for such overcbmga relining to the particular goods or services purchased or acquired by the Purchaser Innsiom to this parelinse order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforing or defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to Comply, the Purcham may cause the work to be performed by the mewt expeditious means available to it and the Seller shall pay all costs aaocimed with such work. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfenance of such work. This release shall apply even in the event of fault of negligence of the µmy released and shall extend (o the directors, officers and employees of such party. The Sellers contractual obligations, including a ninny, shall not be donned to he reduced, in an, way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whemver the Seller' is required io use any design, device, material or process covered by Inter, paten, trademark a copyright, dal Seller'slrall indemnify mid save liomrless the Purchaser from any and all claimm for infringement by reason of roe me of such patented design, device, material or process in Connection with the contact, mid shall indemnify the Purchaser fat any call expense or damage which it may be obliged to pay by reason of such in0ingement at any time during the prosecution or after the Completion of the work. In case said equipment, or any pant thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said egnipnunt 01 Pam is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nor -infringing equipment, or modify it se it becomes non -infringing. I5. INSOLVENCY. If the Seller shall become insolvent or benkmµ, make an assigmnent for the benefit ofereditors, appoint a receiver or trice no any of the Sellers property m' business, this order may forthwith Ira canceled by the Purchaser without liability. I6. GOVERNING LAW. The definitions of moos toed or the interpretation of the agreement and the rights of ell parties lac minder shall be Construed under and sevemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the ureic" of Sellers Reprematter h), on the premises of othe., 17. SELLERS RESPONSIBILITY. The Selle,'sball carry on said work n1 Sellm'a own risk anvil the same is rally completed soul acceptod, and shall, in case of any accident, d"traction or injury, to the work and/or alma ds before Sellm's final completicer and acceptance, complete the work at Sellers mvn expense and to the satisfaction of the Purchaser. When materials and mputµnat are finished by others for installation or erection by elm Seller, the Seller shall receive, unload, stoic and handle same at the site and become responsible therefor or though such nmterials andfor equipment were being furnished by the Seller under the order. I8. INSURANCE. The Seller shall, a1 his arvn expense, provide for fl a payment of workers compensation, including occupational disease benefits, to its employees employed on a in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also curry Comprehensive general liability including, but not banned to, contractual and automobile public liability insurance with bodily injury and demh limits of at least $300,000 for any one person, S500,000 for any ore accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for Each compensmicer teed insurance. Before any of the Sellers or his contractors employees shall do any work upon era pmntiscs of others. the Seller shall banish the Purchaser with a catifiam that such compensation turd insurance hove been provided. Such certificates shall specify the date when such Continuation mid insurance have beat provided. Such certificates shall specify the date when such cmnpensatimi and insurance expires. The Seller agrees that such compensation turd insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes (lie entire,espmrsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or µquay caused by or resulting from the execution of the work provided for in this purchase order' or in Connecticut herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchases officers, agents and employees from and legaina any and all claims, loss", damages, charges or expenses, whether direct or indirect, and whether to pasun or propmty to which the Purchaser may be put m' subject by reason of any ace, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or commuters offices agens or employees. In case any snit ar other proceedings shall be brought against the Purel nsee or its officers, agents or employees many time on rearm nt or by reason of any act, action, neglect, Cadmium or default of the Seller of any of his contractors or any of its Or their officers, agents a employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers mot expense, to pay any and all cods, charges, attorneys few mud other expenses, any and all judgments that may be inet and by or obtained against lie Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in eme judgment or other lien be placed Upon or obtained against the property of the Purchaser, a said ponies in or as a r"int of such snits or other proceedings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller mid his committees vital I take all safey prcautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Iimihnion, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursumu thereto. Revised I IN