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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9142923PO PURCHASE ORDER 914292er Page C.I'l�/Of 9742923 1of2 Flirt Collins This number must appear /�,,,-\V`I ` V on all invoices, packing sli s and labels. Date: 05/22/2014 Vendor: 102552 Ship To: PARK MAINTENANCE C S U CASHIER'S OFFICE CITY OF FORT COLLINS 6015 CAMPUS DELIVERY 413 S BRYAN 118 LORY STUDENT CENTER FORT COLLINS CO 80521 FORT COLLINS CO 80523-6015 Delivery Date: 05/22/2014 Buyer: WILSON, JILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Mosquito Testing Services 1 LOT LS 15,751.00 Proj Proposal PASS #119718 2 Mosquito Testing Services 1 LOT EA 10,000.00 Proj Proposal PASS #119718 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 751.00 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. COYD ERCIALDETAILB. Tax exemptions.B,,.W,c the City ifFart Collins is exempt fmm stateand local taxes. Our Exemption Number is H. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cuti scam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon sorer performance of the terms and conditions hereof, failure or delay to Interns[ Raccoons, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided hereto or by law, failure to promptly notify the Seller in the event of a breathy the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to fit lot, in net spca imatimm. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in uansih may be remmed to you for credit and are not m be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Col lino of when shipped, received or accepted, as to any prior or subsequent defaull hareunew, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins cultivator, on arrival. hereof. Final Acceptance. Receipt of the merchandise, wavce s or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the part of the City of FortCallins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Rom antitrust ACCEPTANCE is dependent won completion of all applicable required inspection Inoculates, continuum arc in fact some by the Purchaser.Theretofsm far good came and res 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 P.O.B., City of Fort Collins, 700 Wood Sr. Fort Collins, CO 80522, unless acquired under federal or scale antitrust laws for such overcharges retain, to the pplamlar,ands, or services otherwise specified oa this order. If prapinsim 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 oam the PERFORMANCE OF SELLERS OBLIGATIONS. Shipment from thee. Where manufacturers have distribur, and curs to prices pan, de the mount t Invoice shipment IfthPurchaser Purchaser threes r, a d the So veneer nonconforming indicates is detective or ugoods by gross to be comply, t upon by n er expected Gom me nearest greater distance, point m duninvdion, and ,xeess f fight will be deducted front Invoice when may came and the work to be performed rSeby t e most experts its i mearry v mwillto it, and the Seller shhe Purchaser shipment vre made from greettt distance. may cause the work to beoby the most expeditious means available m it, and the Seller shell pay all cost associated with such work. Permits. Seller shall procure al sellers sole cast all mw,c,ry pa jE, certifieahs and licenses required by all applicable laws, populations, ordinances and rules of the state, mupoWeliry, territory, or political subdivision where the work is performed, or required by say other only constituted public authority having jurisdiction over the work of vendor. Seller further agrees Ir hold the City of Fort Collins harmless from and against all liability and loss incurred by them by ren owof an asserted or established visdelion of any such was, rerdin xuknours, oanes c, rules and requlr meet. Amhoriaation. All parties W this conwtt agree that the representatives are, in fact, bona fide and possess full and omplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the trams and condi,ims stated herein set Loch and any supplementary or additional moms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by teller are objected,a and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately if you cannot make complete shipment to arrive on your promised delivery dale as noted. Time is of the viscose_ Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No oils of the Purchasers including, without Invitation, procedure, ofparial late deliveries, shall operate as a waiver of this provision, In the even, of any 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 Seller shall not be liable for damages as a result mdelays due to causes nod reasonably foreseeable which are beyond its reasonable control and walrom its Colt of negligence, such act of God, act of civil of military authorities, governmental priorities, tires, strikes, flood, epidemics, war or riots provided that notice of the conditions taus;., such delay is given to the Purchaser wilhin five (5) days of the time when the Seller first received knowledge thereat In the event of any such delay, the date of delivery shall be ,.tended fop the period equal to the time actually Inn by reason of the delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifcatione, samples .&or other descriptions giver, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with pecepded standards for work of a similar nature. The Seller agrees to hold the purchaser hamless from any loss, damage or expense which the Purchase may super or incur on account of the Sellers breach i f wamaaty. The Seller shall replace, repair or make good without toad to me purchaser, any defects or faults arising within one (1) 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 famished hereunder (acceplance not to be uprevsonably delayed), resulting from imperfect on defeadive work done on materials famished by the Seller. Acceptance or use of goods by me Purchaser shall not onsdmte a waiver of any claim under this warranty. Except as otherwise provided in this purchase code, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits 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 teems by wagon change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the gwwriex m imlly ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time mperfOnnance hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the ,nods then not shipped subject to any exposable adjustment between the parties 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 of the gv i and/or work, for incidental of consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall rdieve the Purchaser or the Seller of my oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from me date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall he,, been produced, sold, delivered and fmished in ,trio 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 agreement of this character are hereby incorporated herein by this reference. The Seller.'rees to indemnify and hold the Purchaser harmless from all trot and damages suffered by the Purchaser as a result of lye Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder virtual the pfoa w !fen consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title W the Purchaser for all equipment, materials, and items mouthed in performance of this agreement, free and clear of any and all liens, restandions, reservations, scounty interest encumbrances and claims of other. The Seller shall release the Purchaser and its contractor, of any tier firm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of peel iterate of the parry released and shall extend to the director, officers and employees ofsuch parry. The Seller, contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or cursedly be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or pmcesv covered by loner, patent, trademark or copyright, the Seller shall indemnity and save harmless the Purchase from a,y and all claims fur infina,cmen by reason of the use of such patented design, device, matenal 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 such iafrihmemtcnr at any time during the prosecution 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 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 noninfnnging equipment, or modify it so it becomes —conducting. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupl, 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 oftetms used or the interpretation ends, agreement and fire rights of all parties hereunder shall be cautioned under and govemW by the laws of the Snare i f Coloado, USA The following Additional Conditions apply only in cases where me Seller is to perftm work httennder, including the services of Sellers Repmsentafive(s), on the premises of others. IZ SELLERS RESPONSIBILITY. The Seller shall cant' on said work at Seller's own risk until the same is fully completed and accepted and shall, in se of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pachrow, When moments and equipment are furnished by others fur 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 being famished by the Seller code, the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment mworkers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/on to their dependents in accordance with the laws of the state in which the work to to be done. The Seller shall also carry comprehensive general liability including, bar not limited to, contactual and automobile public liability insurance with bodily injury and deem limits of at least $300,000 for any one prison, SSIXI,00O for any oat accident end Property damage limit per accident of $400,000, The Seller shall likewise require his if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employee, ball do any ..,it upon the premises of other, the Seller shall !rich the Purchaser with a certificate that such compensation and insurance have been provided. Such c riflowes shall specify the date when such omparmation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury inferior kind or naure whatsoever to persons or property caused by or resulting from the execution of the work pmvided form this purchase order or in connection herewith. The Seller will indemnify and hold harm]. he Purchaser and any cr all of the Purchmem officers, agents and employees from and against any and all claims, losses, damages, ranes or expenses, whether dire,, 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 par of the Seller, any of his contowdors, or any of the Sellers or contactors officer, means or employees. In case any suit or other proceedings shall be b.a,hl agahsr the Purchaser, or its officers, agent or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend be same a, the Sellers awn expense, to pay any and oil cost, charges, artomrys fees and other vainness, any and all judgments ,hat may be insured by or obtained against the Embosser or any of its or their officers, agents or employees in such suis or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said parties in or as a result of such stirs of other proceedings, the Seller will at nave cannot me same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precartiuns, fumish and install all guards necessary for the prevention of mcidens, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010