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HomeMy WebLinkAbout297024 COLORADO MOSQUITO CONTROL INC - PURCHASE ORDER - 9111871PURCHASE ORDER 911187er Page PO City Of 111871 ' °f s `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 04/05/2011 Vendor: 297024 Ship To: PARK MAINTENANCE COLORADO MOSQUITO CONTROL INC CITY OF FORT COLLINS 695 N 7TH AVE 413 S BRYAN BRIGHTON Colorado 80601 FORT COLLINS Colorado 80521 Delivery Date: 04/05/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Mosquito Control Program 1 LOT LS 65,159.00 PARKS PORTION PER TERMS AND CONDITIONS OF P1059 AND CHANGE ORDER 1 2 Mosquito Control Program 1 LOT EA 119,924.00 NATURAL RESOURCES PORTION 3 Mosquito Control Program 1 LOT EA 3,413.00 WATER UTILITIES 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 II, 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 Total Invoice Address: $1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt farm state and local taxes. Our Exemption Number is 98-O4502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a). Grads Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NON WAI V ER. Failure of the Purchaser to insist upon strict performance of the tears 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 a breach, the acceptance ofor payment for goods hereunder or approval ofthc deign. shall not release the Seller of any of the emmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any print or subsequent default hereunder, nor shall any pugronal Old road i fication or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcreaf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. ruthonaed payment oa the part of the City of Fort Collins, However, it is to be understood that FINAL Scllcr and the Purchnser recognize that in actual economic practice, overcharges resulting farm notitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pareedures. violations are in fact bole by the Purchaser. Theretofore, for good cause and as consideration 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 Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwim specified on this order. If permission is given to prepay freight and charge separately, the anginal 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 lithe Purchaser dinars the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected farm the ncamst distribution point to destination, and excess freight will be deducted farm In%nice when Purchaser and the Seller. and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made farm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall ryry all costs associated with such work. Permits. Seller shall parcure at sellers sale cost all necessary permits. certificates and licenses required by all applicable lass, regulations, ordinances and mlcs of the state, municipality, territory or political subdivision where the nark is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler father agrees to bold the City of Fort Collins harmless firm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and cnmplctc authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein .set Furth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tells 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 ofthc 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 ofpanial late deliveries, shall operate as a waiver of this prevision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However. the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofcivil or military authorities, governmental priorities, Gres, strikes, Food, epidemics wars or Hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of del ivcry shall be extended far the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller wamnts that all grads, 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 cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless From any lone damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cast to the purchaser any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished haeundu (acceptance not to be unreasonably delayed), resulting farm imperfcct or defective work time or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty . Except as otherwise provided in this purchase order, the Sellers liability heremndershall extend to all damages proximately caused by the breach of any of the foregoing wsmones or guarantees, but such liability shall in no event include lass ofpmfilx or loss of um. 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 tells, 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 time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the gilds then not shipped, subject to any equitable adjustment betwcen the panics as to any work or materials then in pmgress provided that the Puri shall not be liable for any claims for anticipated profits oa the uncompleted potion of the 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 Scllers standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days farm the date the change at Icmuination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc 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 ineorPrmted in agreements of this character am hereby incorporated herein by this reference. The Seiler agrees to indemnify, and hold the Purchaser hamless farm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and mmst-icted 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 encumbrances and claims of others. The Seller shall release the Purchaser and it cantmctors of any tier farm all liability and claims of any nature resulting from the perfnrmancc of such work. This release shall apply even in the event of fault of negl igcncc of the party rcler cd and shall extend to the directors, officers and employees ofsuch party. T'he Seller's contractual obligations, including warranty, shall not he devoted to be reduced, in spy way, because such work is performed or caused 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 patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or nfter the completion of the work. In case said equipment, at any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the ase of mid 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 at parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes nonin(ringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the Inws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hermadcr. including the services of Scllcrs Repmscntative(s). on the premises al"ot cts. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in case army accident, destruction or injury to the work and/or materials before Sellers Final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser, When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive. unload. store and handle same at the site and became responsible therefor as though .such materials and/or equipment were being firmished by the Seller under the order. IR. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation, including oeeupminnnl 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 Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and denth limits of at least 4300.0m) for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. 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 furnish the Purchaser with o certificate that such compensation and insurance have been provided. Such certificates 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 Seiler agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire msprosibility and liability for any and all damage. loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work pmvided for in this purchase order or in connection hcrcwith. The Seller will indemnify otM 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 rr subject by reason of any act, action, neglect omission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors ofGmrs, agents or employees. In cam any suil or other parccedinga shall be brought against the Purchaser, or its officers, agents or employees at any time an 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 fl cir oRcem. 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 costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or o damed against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upan or obtained against the property of the Purchasaq or said parties in or as a result ofsuch suit or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant thereto. Revised ON2010