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HomeMy WebLinkAbout297024 ADVANCED PEST MANAGEMENT OF CO LLC - PURCHASE ORDER - 9142728 (3)Fort Collins Date: 09/04/2014 PURCHASE ORDER PO Number Page 9142728, 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 297024 Ship To: WATER UTILITIES ADVANCED PEST MANAGEMENT OF CO LLC CITY OF FORT COLLINS DBA COLORADO MOSQUITO CONTROL 700 WOOD ST NATIONAL BUSINESS OFFICE FORT COLLINS CO 80521 1320 BROOKWOOD DR SUITE.H LITTLE ROCK AR 72202 Delivery Date: 05/14/2014 Buver: WILSON. JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 AGREEMENT 7351 1 LOT EA 57.100.00 Change Order No 1-2014 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.wrn Total Pay terms net 30 days Invoice Address: t[grxrZr.' City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAIM. Tax exemptions. By moms he Ciry of Fan Collins is exempt fibm state ad local Us.. Our Exemption Number is 98,M502. Fndcral Excise Tax Exemption Certificate of Registry 84fi000581 is registered with the Collector of Internal Revenue, Drove, Colorado (Ref. Colorado Revised SUmtes 1993, Chapter 39-26.114 (a). Guests Rejected. GOODS REJECTED due to failure to meet sped fiwtions, either when shipped or due to defects of damage in transit, may be whimnd to you for credit and are not to be replaced except upon receipt of wdtemr instructions from the City of Fort Collins. Inspeation. GOODS we subject to the City of Fort Collins inspection on consul. Final Acceptance. Receipt of the merchandise, se or equipment in response to this order can result in molmaimd payment on fie pan of the City of Foe Collins. Howecer it is to he understand! Nor FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection pmcedurrs. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 70) Wood St. Fort Collins, CO 80522, .less otherwise specified on Nis other. If permission is given to prepay mityt and cN,c scpuage, the wigined freight bill most accompany invoice. Additional charges for packing will not be wedged. Shipment Distance. \Vhere manufacturers Ave distributing points in various pans of the country, shipment is expected from the nearest distribution point a destination, and excess freight will be dNucred from Invoice when shipments are made from greater dutonce. Permits. Seller shall procure at sellers sole cost all necessary pemmirs, certificates and licenses required by all applicable lows, regulations, ordinances and rules of the state, municipality, lemmry or political subdivision where the work is performed, or required by any other daily eoutimed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, declaration, ordinances, rules asrequirements. Authormtion. All panics to this contract agree that the representatives are, in fact, From fide and possess fill and complete authority w bind said panics. LIMITATION OF TERMS- This Purchase Order expressly limits acceptance to the terms od road,. stated herein set iamb and my supplementary or additional terms and conditions annexed hereto or incopomted herein by reference. Any add itiowl or different terms and conditions proposed by seller are objected to and hereby jeded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted Time is (if the essence. Delivery and performance must be effected within the time slated 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 is addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, fie Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reUw.ble cwvol and without its ionic of neglifical such nets of God, acts of civil or military authorities, govemmenal priorities, Fires, strikes, flood, epidemics, wars or dots provided that notim of the conditions causing such delay is given to No Purchaser within five (5) days of No time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended fro the permit rytal to the time actually lost by reason of No delay. 3. WARRANTY. The Seller wananes that all goods, autistic, materials and work covered by this order will conform with applicable drawings, sp=ificatiom, samples and/or other descriptions given, will he fit for the purosa imanded, and performed with the highest degree or care and competence in accordance with accepted standards for work of a miler nature. The Seller agrees to hold the purchaser harmless from 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 goal, wifwt door m the purchaser, any reflects or faults arsing within one (1) year or within such longer period of time as may be preerbed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the good famished hereunder (acceptance oat Ice be unreason ably delayed), reaching from imperfect or defective work doae or materials famished by fe Seller. Acceptance or use of good by the Purchaser shall not tmtimte a waiver of any claim under this warranty. Except as otherwise provided in this pancreatic Order, the Sellers liability hereunder shall extend w all damages proximamly caused by the breach of any of the foregoing waral or gaazmees, but such liability shall in no mount include lass of ptofies 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 menu by whiten change eager. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the 9mmritma m,inully oNered in the spwi0cmions or drawings, by cadcu or written change order. If any such change aUBcts rile amount due or the time of perforce a, hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may many time by written change order terminate this agreement as to any Or all poniom of the good fen not shipprd, subject to any equitable adjustment between the parties as to any work or materials Nan in progress provided drat the Parchaser shall not be liable for any claims for anticipated profit on Ne uncompleted Portion of the good anchor work, for incidental or commignamial damages, ad that no such adjustment he made in facer of the Seller with respect w any good which are Ne Sellers standard stack. No such temd.tion shall relieve the Purchaser o the Seller ofwy offev obligations as an any goods delivered hesmmaer. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be averted within fiery (30) days from the date flaw change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seiler wounds hat all goods sold hereunder shall have been produced, sold, delivered and handstand in strict compliance with all applicable laws and regulations Ice which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulators reeluired as be incorporated in agreements of this character art hereby inewpord ed herein by this reference. The Seller agrees to indemnify and hold Ne Purchaser hamtless from all costs add damages suffered by the Purchaser as a result of the Sellers fail. to comply with such law. 9. ASSIGNMENT. Neill. parry shad assign, transf, or convey this order, or icy monies due or as became due hernial= wifom the prior writ=consent of the other party. 10. TITLE. The Seller wanants full, clear ad unmsNdcd title w the Financial for all aluipment, minerals, and items famished in performance of his agreement, free and clear of any and all lieu, desnicumars, reservations, security, interest encumbrances and claims o'others. 11. NONWAIVER. Failure of the Furehua to insist upon stria performance of the terms and conditions hereof, failure or delay to any rights or remedies recorded herein or by law, failure m p creptly notify the Seller in the event of a breech, the acceptance of or payment for goods lmereuaer or approval ofthe design, shall not rescue, he Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to inin upon strict performance bacteria any of its rights or remedies as to any such goods, regaNless of when shipped, received or accepted, u to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Puahuer recogderm that in ucmar choris prcharges resulting from antitrust violations art in fuel home by Ne rundown. Theremforenfor. ractice, mgood came and as consideration for executing this purchase order. Ne Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter ocqulsed under fedetal car stare wtlmat laws foe such weachvga relating a Ne particular good or srnices purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to carted nonconforming or defective goods by a date to he agred upon by the Purchaser as the Seller, and the Seller derezBer indiwta its inability Or unwillingness to comply, the Purchaser may cause the work m be perfowed by the most expeditious means available to it, and the Seller shall pay all caws associated with such work. ']be Seller shall release the Puchmar and its contractors of any tier from all liability and claims of any aatim resulting from the performance of such work. This release shall apply even in the event of Holt of negligence of Ne par, released and shall extend to the directors, affee. as employees of Bach pan,. The Sallies contractual obligations, including womanly, such not he diu mal w be, allocated, in any way, because such work is rred or caused w he arranged by the Purchaser. 14. PATENTS. Whenever the Seller is required in use any design, device, material or process covered by ]after, 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, maerial or process w connection with the contract, and shall indemnify the Purchastt for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the Prosecution Or offer the completion of the walk. In caw said equipment, or any path thereof or the intended Use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, me 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 nominfnnging equipment. or modify it sea it becomes noninGnging. I S.INSOLVENCY. If the Seller shall became insolvent or indkmp4 nuke on assignment for the benefit of creditors, appoint a receiver or mice for any of the Sellers property or business, this order may forthwith be anceh by the Product without liability. 16. GOVERNING LAW. The definitions of errs mind ar he international aUtion of the agreement and the rights of all oximn hereunder shall he consumed under and processor by Ne laws oflhe State afColmado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represeradve(s), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said weak at Sellers own risk until the same is rally completed and accepted, and shall, in w of any accident, destruction or injury to the work andtor mmanceds before Seriefs final completion and ucupti mc, complete the work at Sellei s we expertise and to the satisfaction of the Purchaser. When minerals and equipment are famished by others for installation or erection by Nc Seller, the Seller shall receive. unload store and handle same at the site and become responsible heeefo as though such materials maker equipment were being fumishd by the Seller under IN order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefu, wits employees employe oa or in cannedion with Ne work covered by his purchase order, t aVm 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, commercial and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one Person, $500000 for any one accident and property damage limit per accident of S400,000. 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 shad f ish the Purchaser with a certificate that such compensation and incouricance have been provided Such cettfcats, shall specify the date when such compensation and insurance have been provided. Such certificates shall specify fie dam when such compensation and insurance expires. The Seller agree, that such coronas ion and inswerem stall be mainained until aster the entire work is campleral ad asomptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass roes the =tire responsibility as liability for icy and all damage, loss or injury army kind or coma whascaver to Fersom or Tragedy caused by or resulting from the execution of the work provided ram in this pumlww other or in connection herewith. The Seller will indemnify and hold hmmless the Putehmer and any or all of fie Prachuers olfcars, agents and employees from and against any ad all claims, losses, damages, choga or expenses, whether direct or indirect, and whether to person or pmpedy to which he Purchase may be put or subject by reform of any act, action, neglect, omission or default on the pat of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In sew any suit or other proceedings shall be brought against the Pmchmw. or its officers, agents or employees at any time on 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 their officers, agents or employees as swerwid, the Seller hereby agrees to assume the defense herof add to defend the same in the Sellers own exparm. to pay any and all costs, charges, a.mays fees and other expenses, any and all jagm=a NO nay be incuend by or obtained against he Purhasm or any of its or heir offers, agents or employees in such suits or other proceedings, and in cue judgment or other li= be placed upon or obaind against he property of the Purchase, or said Ponies in or u a sesuit of such its U, ofer proceedings, he Seller will at once came, he same to he dissolved and diselunged by giving hod or otherwise. The Seller and his comeanaes shall Like all safety, precautions, famish and install all good necessary for Ne prevention of accidents, comply with all laws and regulations with regal an safety inching, but without induction, fie Occupatiowl Safety add Hadf Act of 1970 as all rules and regulations issued pursuant hereto. - Revised 07nit