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HomeMy WebLinkAbout102552 CSU CASHIER'S OFFICE - PURCHASE ORDER - 9111513City of Fort Collins PURCHASE ORDER Date: 03/1412011 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS Colorado 80523-6015 PO Number Page 9111513 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 03/14/2011 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price Mosquito Testing Services 1 LOT LS 15,469.00 PARKS PORTION PER PROJECT PROPOSAL PASS#110176 2 Other Prof & Tech Services WATER PORTION City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO 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 EA 10,000.00 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIV ER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failarc of the Purchaser to insist upon strict perfammnce of the meats and conditions hereof failure or delay to Internal Revemn, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided heroin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for grinds hereunder or appowa I of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped o, due to defects of any of the wmventics aft obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be repinecd except upon receipt of written purchaser to insist upon strict perfnmmucc hcreofor any of its rights or remedies as many such goods, regardless instructions from the Cityof Fo t Collins. of when shipped, received or accepted, is to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by fire Purchaser operate as a waiver array of the temxs Inspection. GOODS are subject to the City airport Collins inspection on arrival. ' hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Too Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations arc in fact Franc by the Purchnscr. Theretofore, for good cause and as considcmtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fart Collins. 700 Wood St, Fort Collins CO 50522. unless acquired under federal or state antitnst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or On"illingness to comply, the Purchaser shipments are made from greater distance. may muse the work to be performed by the most expeditious means available i0 it, and the Seller shall pay all costs associmed with such work. Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Father agrees to hold the City of Fort Collins hamdcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional mar ss and conditions annexed hcrem or incorporated hercin by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of fire essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the 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 Seiler 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 its reasonable control and without its fault ofncgligenee, such acts of God. acts ofeivil or military authorities, governmental priorities fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of fire time when the Seiler 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 Iostby reason ofthe c clay- 3.WARRANTY. The Seller warrants that all goods articles materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without rest to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed bylaw or by the terms of any applicable wamnty, pmvidcd by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably dclaycd), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as othcnrisc provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmsimatcly caused by the breach of any of the foregoing warranties or guarantees but such liability shall in no event include Inns of pmfts 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal teats, including additions to or deletions from the quantities originally Ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the tiew ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Punchiest, may at any time by svritcn change order, terminate this agreement as to any or all portion% of the goods then not shipped, subject to any equitable adjustment between the panics 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 ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in stria 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 to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated hercin by this reference. The Seller agrees to indemnify and hold the Purchaser hamiless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to beaomc due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cacumbances and claims ofolhem. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature 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 directors, office,, and employees Of ouch parry. The Seller's eonrrmool obligations, including wemnty, shall not be devoted to be reduced, in any way, because such work is performed or eaused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patenled deign. device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of Stich infingemeat at any time during the prosecution or tree the completion of the work. In case said equipment or any pun thereof or the intended use of the goods, is in such suit 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 Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becon¢s aoninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigamcnt for the benclit of creditors, appoint a mceiver or trustee for any of the Sellers pmpery Or business. this order may fnnhwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions aromas used or the interpretation of the agrectnem and the rights of all panics hereunder shall be eonstmed under and governed 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 services of Scllcr% Represcntative(s), on the premises of uthers. 17, SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's own risk until the sane is fully corpkted and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's Own expense and to the satisfaction of fire Purchaser. When m urTrib and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were bring famished by the Seller under the order. IS. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers conmemmion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to, conhocred 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 property damage limit per accident of S400,000. The Seller shall likewise mature his contractors, if any, to provide for such compensation tail insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Scllcr shall famish the Purchaser with a certificate that such conmpensation and insurance have been provided. Such ccnificatcs shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensmion and insurance shall be maintained until after the entire work is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assuns%the entire responsibility and liability for any and all damage, loss or inlay ofnry kind nr nature whatsoever to persons or property caused by or resulting fmnm fire execution of the work Provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses. damages. charges Or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the part of the Seller, any of his contractors, or any of the Sellers Or contractors officers, agents or employees. In ease any suit or other proceeding% shall be brought against the Purchaser, or its ofrcm, agents or employees at any time on account or by mason of any act, action, neglect, Omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thercof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorney, fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such snits or other proceedings, and in case judgment or torte lien be placed upon or obtained against the property critic Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the sumo to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without [initiation. the Occupational Safety and Health Act of 1970 and all nlcs and regulations issued pursuant thereto. Revised 03/2010