HomeMy WebLinkAbout297024 COLORADO MOSQUITO CONTROL INC - PURCHASE ORDER - 9122858PURCHASE ORDER PO Number Page
City of PURCHASE
9122858 1 of a
' `tChis number must appear
` Collins1 1�7 on all invoices, packing
slips and labels.
Date: 05/21/2012
Vendor: 297024
COLORADO MOSQUITO CONTROL INC
695 N 7TH AVE
BRIGHTON Colorado 80601
Ship To: NATURAL RESOURCES
CITY OF FORT COLLINS
200 W. MOUNTAIN
FORT COLLINS Colorado 80521
Delivery Date: 05/17/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Mosquito Control Program Svcs.
Natural Areas Portion
Services for 2012 Season.
Terms, Conditions and Pricing per Services Agreement for
City of Fort Collins RFP# 7351
2 Mosquito Control Program Svcs.
Parks Portion
Services for 2012 Season.
Portion authorized per Requisition# 41934.
Terms, Conditions and Pricing per Services Agreement for
City of Fort Collins RFP# 7351
Mosquito Control Program Svcs.
Utilities (Stormwater) Portion
Services for 2012 Season.
Portion authorized per Requisition# 41948.
Terms, Conditions and Pricing per Services Agreement for
City of Fort Collins RFP# 7351
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
1 LOT LS
1 LOT LS
1 LOT LS
Total
Invoice Address:
123,522.00
66,811.50
3,815.00
194.148.50
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tents and Conditions
Page 3 of 3
I. COMMERCLAL DETAILS. I NON WAIVER.
Tar. 0- - BY" r h City fFiCll pf dI at .O C onion Number is Failureof A I Perjurer to r fthe «nv and conditions M1creol fit or deli m
980450 . Featured E - T. Exemption C '1 I Registry XJ .yV5X]'. S t d in iif, Collector, ofupon en enhance m y
Intern Re, —moll Dealer Coloaldo IR,L C coda itev sod Stau¢s 11173, Chapter 39-24 11 (al exercise any rights or remedies Examined here n or by law, failure to pronrpdy notify the Adler in the even, of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS BET ECTE D due to alum to mat speci licmiors. either when shipped or due to defects of any of the owrmntis, or obligations of this purchase older and shall not be demand a% aizer of any right of the
damage in transit, nmy be Doubled to you far credit and am not Io be replaced except upon remind of wnn,n purchaser to insist upon strict performable herroforany oft¢ righisor remedies as to any such goods, regardless
i istrict.- farm the City of Fort Collins. of when shipped, received or accepted, as iD any Pon, In zubzcgmaa default hereundr, or shall any Pu Tt
mall modification or rescission of this purchase oakcr by the Poshaer operate as a waiver of any of the maw
lnspcuan, GOODS are ml to the City of Pon Collins inspeetion on anvil. hacof.
Final Acceptance. Reacipt of the merchandise, xn'iCes or equipment in response to this older can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS.
amhonnd payment on the pan of live City of Fort Collins. Hmaver, it is no be unJvsnood Char FINAL Seller and the Purchaser brogrom that in tali ec c practice, o cml erges resulting from amilmn
ACCEPTANCE isdpcndem upon completion ofall applicable required inspection procedures. violalions are in fact bane by the Placement.
rchaf. Thercmfim nfor good cause and as consideration for executing this
purchase older, the Seller hereby Designs to the Purchaser any and all claim, it may now have or hereafter
Freight Terms Shipments must be F.O.D.. City of Fort Collins. 700 Wood St. Pon Collins, CO S0522, unless acquired under federal or sate antitan law, for such overcharges relating to the particular goods or vemices
.,he-11 speciticd oa this older.If pm)issiunn I, an to prepay feight and charge separately, the original freight purchased m acquired by the Pushase, pursuant a his pushssa order.
Full Down accompany invoice. Additional charges for packing will nor be aeeeptnd.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATION'S.
Shipment Distance Where aanufaaumrs have iistribming points ill rainum, parts of the country, shipment is If he Purehaer darters the Seller to counter nonconforming or defective goods by a date to be abed upon by the
,xpecad tom the nearest coronation point to destination. and excess freight wiH be JNuc tad train Invoice when Purchaser and the Seller. and the Seller thereafter indicates its imabilny or unwillingness to comply, the Purchaser
shipments am made from greater distance. maw ruthe work to bby the expeditious rivers mtoailable it, and the Seiler shall Pay all
costs Enunciated
e pifo most with such work.
Permit,. Seller shut[ procure a sbllers sole con all necesmry pantits, coniGemn fail licenses ¢quiref by all
applicable 0w,. regJmions, onlimnees aM roles of the sate, munieiplity, errimry or political subdivision whom
the x'on i, performed, or quiwd by any other duly constituted public aurhor m having jurisdiction aver the work
of urnJor. Seller narrate spaces an hold he City of Fort Collins harmless tram and against all liability and loss
incurred by them by reason of an assmN or established violation orally such laws. regulations, DN,=nces, robs
and requirement.
Authorization. All panics to this contact agree that the rcpmsenutives arc, in fact, bona tiM and possess full and
complete mahanim m bind said parties.
L61frAT10N OF TERMS. This Purchase Older cxpmssly limits acceptance to the terms and conditions stood
hem -in set forth and any supplementry ma aor additional aland conditions annexed hereto or incorporated herein by
reference. Any additional o diff rem teen and conditions pmpred by seller arc objected to and hereby ajectcd.
1_. DELIVERY.
PLEASE ADVISE PURCHASING AGENr immediately if you canna make complete shipment to arrive on your
promised delivery date co. Died . Time is ofthe esenee. Delivery and Pnfivo rare main be effnad within he time
stated on the purchase older and the doctm)ems anaehed homm. No act, of the Purchasers including, without
[inflation, acceptance of Punial late deliveries, shall opera, as a waiver of This provision. In the event of any delay,
the Purchaser shall have. In addition m other legal and equitable remedica, the option of dicing this order ckevhctc
and holding the Seller liable ft, damage. However, the Seller shall not be liable for damages as a result of delays
due [o tames nor reaumably foreseeable which are beyond its reasonable control and without Lis fault cinegidence.
su.M1 acts : Ood, acre of civil or miliury mahomiea, governmental incomes. ties, strikes. Ill epidemics, oars or
riots provided that notice of the conditions cousin, such Jday is ,on w the Purohmcr within five (5) dogs at the
time when the Seller first received knowledge thereto I. In the event of :try such delaythe date of delivery shall be
,.,,ended for the period eW al to the .are blwully lux by reason of the delay.
3. WARRANTY.
The Seller varmnts [bar all grnus. :mieles, ameriaH and work c—red by this order will conform with applicable
drawings, spcciliemions, anryl,, outur other doscriparoor givu will be nit for the punso intended, and
performed with the higho[ degree
oe f car and c room accordancewith a ceP«d danJamis For walk of a
miler nature. The Seller agrees to holdthe purchaser hmmloshour Day less in age or cxpnse which the
Purchaser may surer or incur on account of the Seller, breach of warranty. The Scllcr shall replace, repair car make
good without cost o the purchmer, any defects or fntdu arising within ono (U year or within such longer period of
floc as may be prescribed by Low or by the error of any :tppiicublc warranty provided by he Seller after the date of
ccepmnce of the goods furnished hencvnder (acceptance not to be unreasonably deluyed), resulting faro imperfect
or defective work done or materials fumished by the Seller. Accepance or use ofgoods by the Puebser shall not
waiverconstituted of any claim under this xarronty. F..xccpn as mhern ire, provide is this famines, older. he Scllcrs
liability hereunder shall c. end m all damage, proximately caused by the breach of my of fhc foregoing warnnne,
ranters, bur such liability shall in no even include Inns of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF Ft O ESS FOR PURPOSE SHALL APPLY.
J. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change other.
S. CHANGES IN COMMERCIAL TERMS,
The Pu chaser may make any changes Io the tarots, other than legal man, including additions to or ddnimas tram
the quantities originally ordered in the speirieaions or drawings, by verbal or wrown change older. If any such
change affect, the amount due or the time of prfomunce, hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wain,n change maker, thouria a this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parries as to any work or macdal, then in
progress provided that the Puwhmear shall not be liable for any claims for anticipated pronto on he uncomphend
portion ofthc goods and,'or work, for incidental or consa mariil damages, and that no such adluatmrnt be mad, in
favor of the Scllcr with Insincere to any goods which arc the Sellers stanched stock. No such tameadion shall believe
the Pamhver or Seller of any of their obligations as to any goods dclivend hereunder.
T CLAMS FOR ADIUSTMENIF.
Am claim for adjustment must be aswdcd within thirty (30) Jays from the dam the change or manination is
ordcrod.
R. COMPLIANCE WITH LAW.
The Sella woman, that all goods slid hereunder shall have been pduecJ, cold fc61vred and fumisbad in LEE
compliance with ill applicable laws and reprinting, to which the garLs arc subject. The Seiler shall -arum and
deliver such documents a, may be required to elLcn or eaidedme compliance. All lases and regulations required or be
incmpomN in ,greets of this drama, are Lacby incoroamted herein by this refaenec. The Seller agrees no
indemnify mil hold the Pumhuser final fmnr ell hours and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such Imo.
9. ASSIGNMENT.
Neither parry shall assign, rtaicr, or convey this order, or any monies due or to Exact due hereunder without the
pnor wrinen consent of the other party.
10. TITLE,
The Seller warrants full, clear and unrestricted tide to the Purchaser for all cyiii,ou nt. mmencla, and isms hardball
I. Rainmaker of this agreement, fare and clear of any and all liens, oconctions, reservations. .wconty interest
encumbrances and claims of others.
The Seller shall Detente the Purchaser and its contractors of any tier from all liability and claims of any nature
Del from the perto.-a of such work.
This releaw ,hall apply even in the event of fault of negligence of the parry rcleco d and shall extend to the
directors. olHcers and employees ofwch parry- The Sellers mnhachal obligations, including warranty, diall not M Jeemnd to be induced, in any any, because
such work is performed or caused to he performed by the Purchaser. j
IJ. PATENTS.
Whenever the Seller o nquirerl en use any design. device, manrial or process covered by lener. pain, tmdemak
or copynght, 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, manial or process is connection w'itb the contact. and
shall indemnify the Pumhoser for any cost, cxpcme or damage which it may be obliged to pay by reason of such
in(ringeaenf at any time during the prosecution or olio the completion of the work. In case .mid equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
vid equipment or pan i, enjoined, the Seller shall, at Its own cxpnsc and at Its option, either procure for the
Pureluo r the right in continue using said cquipacnt or pan,, replace the same with cube altudly equal but
noninfringing equipment, or mddity it so it becomes noninfringing.
15. INSOLVENCY.
If the Sullen shall became hormonal m banWup, make an assignment for the bendit we credimrs, appoint a
receiver or trustee for any of the Sellers property or bueiness, this older may fend with be emmcicd by the
Purchaser wahom liability
I6-GOVERNING LAW.
The defiesdions of tents used or the imcHment iou of the ugmznmnt and the rights DIED panics hernmJcr shall he
orstmcd under and govomed by the Taws of the gram of CDl..d.. USA.
The following Additional Conflict, apply only in whore the Scllcr i, rat pertwon work hereunder.
including the services of Sellers Rem pchativc(s), on theses premius admirers.
17. SELLERS RESPONSIBILITY.
The Sellershall carry on said %my at Scller's own risk until the son« is [idly ..:rapee d and bleeped, and ehull.
in 'e of any accident, destruction or injury to the work and/or materials befor, &hers final empleion laid
acceptance. complete the work at Seller's own expense and in the satisfaction) of the Purchaser. When numrial.s
and equipment are furnished by areas for Installation or erection by the Seller, the Scllcr shall receive, m lead.
store and handle same at the site and become responsible therefor m though such materials and/or equipment
acre being furnished by the Seller under the older.
IX. INSURANCE.
The Seller shall, at his own expense, provide for the payment of wm krm coat Rollo m, including oeeupmimal
ill,.— benefits. to its employees employed! on or is connection with the work coved by this purchase older.
and/or to their devendents in accordance with the laws of the sus in which the work is m b, done. The Salle,
shall also carry comprehens ml liability including, but nor limited to, eonhaetual and xmomobib public
liability insurance %fill bodily injury and death limits of at least S300,000 for any one person. S50RDED for any
one accident and paperry damage limit per accident of S40R00R The Seller shall likewise require his
contractors, ofany, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employers shall do any x'oN upon the promise, ofuni the Seiler shill famish the Pumhoar our a mniliemc
that such compensation and insurance have bran provided. Such otbu cams shall specify the date when such
compensation and insurance ho'e berm provided. Such «nitibs" shall ,pecity the date when such camprnznic n
and insommenr expires. The Seller ammis that such compensation and inurnce shall ED mainuimd until after the
entire, my I, completed and accepted.
19. PROTEC Ufc AGAINST ACCIDEND S.A N'D DAMAGES.
The Seller hembv assumes the crnire respnsibiliry and liability for any and all damage, loss or injury of any kind
or nature whatsoever to pawns or property eared by or breaking tam the emauoun ofil , work provided for in
this purchase older or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers o1Mers, agents and employees from and crunch any and all damns, losses, damages,
charges or
experw whether direct or Dahmer. and whether to peso perty or proto which the Purchaser may
be put or subject by reas of any arc mglecL omission or default on the pan of the Seller, any of his
cuarmaorx, or any, of the Scllcrs or commoners officood agens or Lard.yell. In emir any stion a, other
proceedings, hall be bought against the Purchaser, or its orlieca, agents or employee any[intoum or
by moon of any act action, ninde t omission or default of the Seiler of any of his contractors or any of it, or
their oRcer, , agents or employers as aforesaid, the Seiler hereby ill to arsone the defame thereof and m
defend the same at due Settees men expense. to pay any and all costscharges attorneys fees and odor eapm
any and all judgments that may he incurred by or obtained against the Purchaser any of Its or their otticum,
gents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained again[ the property ofthe Purchasesaid panics in or as a result ofamh suit, or other pacndings.
the Seller will at once cause the same to be dissolved and discharged by giving bond or othensid, The Seller and
his contractors shall take all safety pmeautions, fumish and install all guards necessary for the prevention of
accident, comply with all laws and regulations with regaN to safety including, but without limitation, dal
Occupational Safety and Health Act of 1970 and all ores and regulations issued amount thereto.
Revised 03L1010