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HomeMy WebLinkAbout364578 MISTLER TRUCKING INC - PURCHASE ORDER - 9122619PO PURCHASE ORDER 912261er Page City Of9122619 1 of 3 `Fort Cn all invoices, pacst king ` Collins�7 on all invoices, packing slips and labels. Date: 05/04/2012 Vendor: 364578 Ship To: STREETS DEPARTMENT MISTLER TRUCKING INC CITY OF FORT COLLINS 50419 CR 21 625 NINTH STREET NUNN Colorado 80648 FORT COLLINS Colorado 80524 Delivery Date: 05/03/2012 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 2012 CONTRACTUAL 1 LOT LS 3,000.00 PER TERMS AND CONDITIONS OF BID 7355 2 Contractual Labor 1 LOT LS 1,000.00 3 Contractual Labor 1 LOT LS 3,000.00 4 Contractual Labor 1 LOT LS 3,000.00 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: $10,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 912261er Page City Of///��� 9122619 2 of 3 Fort Collins This number must appear ,�_J`'" ` on all invoices, packing slips and labels. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teinis and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tat cscmpllons. Hy swtatc the City of Fon Collins is exempt front sea and meal loxes. Our Excerption Number is 11. NON WAIVER, 98-04502. Federal Excise Tax Exemption Cenilicate of Registry 84-6000587 is registered with the Collector of Failure of the Patellas.. 10 insist Mute strict pa vrOffnec .$'the Loans and conditionns hereof, failure tar delay to Informal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or nmodics provided herein or by law, failure to promptly notify the Seller in the event of a broach, the ucccptance of., payment for goods hereunder orapproval of the design, shall not release the Seller of Goods fbjevcd. GOODS REJECTED due to failure 10 meet Spolifi,nions. either when shipped or due to defects of any of the w.mL or obligations of this purchase order and shall Out be deemed a vaiver of any right of the damage in transit, may he roomed to you for credit ad an not to be replaced except upon mccipt of wrincn purcpr se, to h"iw I'LL'uim performance here afor any of its rights or remedies as to any such goods, regardless instructions But. Ihe City of Fort Collins, of when shipped, received or accepted, as to any prior or s ibsoqucm default harmnd.r, nor ,hall any purportd unit mudilicution or rcseission of this purchase older by Ibe Purc9mscr operate us a waiver of any of the Ivan, Inspection. GOODS an subject to the City of Pun Collins insp:etion on arrival. henul: Final Acecpunce. Receipt of the merchandise, xrvies Or equipment in responx� to this order all result in 12. ASSIGNMENT OP AN'I'1'IRUS'f CLAIMS. authorized payment on the pan of the City of Fort Collins. Ilow'evcq it is ao be wWcntood dwt FINAL Seller and the Purchuxr recognize that in actual economic practice, overcharges resulting film antitmst AC'CEP'I'ANCE is depcndcnl upon ItimplItion of alp applicable required inspectiun pmeedems. violations life in fuel bomc by the Purchmcr. Theretofore, for good ease and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser Lilly and all claims it rally flow have or hereaRer Frcight'I'emu. Shipments must be F.O.H., City of Fort Cup pins, 700 Wood St., Fort Collins, CO 80522, unless acquired under f Mal or .state antitrust laws fur such overcharges relating to the particular goods or services olhoneise• specified on this order. If permission is given a prepay I"night still chnrgo separately, the original Freight purchased or acquired by the Purchuscr pi numn to this purchase order. bill vast uccmapany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers h:nc distributing points in various parts of Ibe country, shipcisnt is 11'tbe Purchuscr dincu Ile Scllcr to correct nunconfomning or defecive good, by a date to be agreed upon by Ihe especud front fit noar..I distribution point to destination, and cu'ess freight will be deducted front Invoice when Purchuscr unit the Scllcr, unit the Seller thcrcahcr indicates its inability or unw'illinguess m cmmply, Life Purchaser shipnrems arc made from greater distance may cause the work to be performed by the most cxpcdiaious ..sans mailable I. it, and the Seller shape pay all cost, associated with .such work. Permit,. Scllcr shall procure u1 sell'. Sole cost all ncessury pemtits, cenifica4s and licenses required by all applicable laws, regulations, oNinancos and rules of the state, municipality, territory or political subdivision where the work is pcnornied, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hurn less from and against all liability and loss incurred by then by mission of tan mscncd or established violation of any such to.,, regulations, ordinances, rules and mq.ircmcns. Authurizafion. All panics to this contract agree that the miumscnfatives are, in fact, bona tide and possess full and complete uutionly to bind said panic,. LINIII"A'I'[ON OF TERMS. This Purchase Order expressly limits acceptance to the fore, and conditions stated herein It fad, and any supplementary or additional Ica, and conditions an newd hereto or incorporated herein by ,Iftrnce. Any additional or dificran Lomas and conditions proposed by Sapper arc objected to and hereby rejected. T. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your panntixd delivery date us noted Ti... is of the ,,once. Delivery and perbornanec must be of Cooled within life time stated on ate Panhase order slid the dooumcas anachcd hereto. No acts of the Purchasers including, without limitation, acceptance of partial Imo deliveries, Shall Operate US a waiver of Ihh provision. In the went of ally delay, the Purchuscr shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for danmgcs. However, the Scllcr shall rem be liable fin damage, as a result of delay, due to I ... I, not oo oaubly foreseeable which arc beyond its moo,nable control and without its fault of negligence, such It. of God, It, of civil or military authorities, govcomncntal priorities, fins, strikes. Cloud, epidemics, wars Or riots poeidcd that notice of the conditions causing such delay is given to the 1'unhaxr within five (5) days ol'the time when the Seller First n<oi, d knowledee thereof. In the event of any such delay, the date of do] ivcry shall be cstcnJN for the period equal to fife time actually post by mutual of the delay. 3. WARRANTY. I lie Seller warrants that all goods, uncles, materials and work covered by this older will conform with applicable drawings, specification., Samples and/or other descriptions given, will be lit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted standards for work of it similar nature. The Seller agrees to hold the purchaser harmless banal uny loss, damage or expense which the Purchaser navy suffer or incur on account of the Shcen breach of warrnnty.'I'lie Seller shape rcplecc, repair tar nuLL, good, without cast to the purchaser, any detects or Wults arising within one (1) year or within such longer period of tine us Only be pre,cnihod by Imo or by the Icar. of any applicable xarmnry provided by the Seller nbc, Ihe date of acccluanel of the goods furnished hereunder (acceptance nut ILL be unreasonably dehryed), mulling from iaq,vaect or defective work dune or L aerials fumiShed by the Seller. Acceptance or use of goods by the Purchaser shall not constitmc a waiver of any taint under this warranty. Except as otherwise provided in this purchase offer, the Scllcr liability hcrcunder shall extend 10 Al damages proximately caused by the breach OI'wry of the fomgoing wammies or guarunnes, but such liability shut in no event include loss of profits or loss of use NO IMPLIED WARRANTY Olt MERCI AN'I'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGALTERMS. I'he Pumha,cr may make change, to Iogal torn. by written change order. 5. CHANGES IN COMMERCIAL TERTIS. The Purchaser may make any changes to the Lomas, other than legal arms, including additions to or deletions from ,he quamitic, originally ordered in the specifications or dr wings, by verbal m walwo change Order If any such change affects [tic amount due or the fins a p,a fannance hcrcunder, an tyuiabl, adjustment slut] bo made. 6. TERMINATIONS. 'file Purchmcr may at say sins by wrincn change order, terminate This agreement as to any or all portions of the goods then non shipped, subject to any equitable adjustment bo"ecii the parties as to any work or materials then in progress provided that the Purchaser sptull not be liable f'ur any claims for vntieipmed prod, on the uncompleted ponimh of [lie good, and/or work, for incidental or consequential damages, and that no such udjustncnt be made in favor Of the Seller with r,pecl to any goods which arc the Seller standard stock. No such nomination shall relieve the Purchaser tar the Seller ofany of their ob]iguti,au a, to any good, ddivcnd hercmtdcr. 7. CLAINIS FOR ADJUST MENI'. Any claim For adjamncat must be ussonN within thirty (30) days from Ihe date the change or mrntinatiun is cademd. 8. COMPLIANCE WI1'I l LAW. The Seller voonals that all goods sold hereunder shape have bocci produced, sold. Minutest and furnished in strict compliance with all applicable laves and regulations to which the goods are subject. The Seller shall execute and deliver such dwunients as may be required to clfoct or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this rdcnnce. The Seller agrees to indemnify and hold the Purchaser hamfl v Gann all .is slid J:unugo suffered by the Purchmcr az a m uh of the Sellers Iailun o comply with such low. 9. ASSIGNMENT. Neither pray shall assign, fonder, or convey this order, or any monies due or to beemme due hereunder without the prior written consent of the other puny. 10. TITLE. The Seller warrants PoII, clear and unrestricted fill, to the Purchuxr fur all equipment, nhacrials, and items fumi,hed in performance of this agreement, free and clear of any and all liens, noricfion,, roservatiois, security interest encumbrances and claims of uthets. 1 he Scllcr shall mfivow the Pu ch:ser and its contactors of any tier tram all liability and claims of any nature mothing from the performance of such work. 'Phis release shall apply even in the event of fault of negligence of the party released and Shall extend to the directors, ollicon and employee, of such parry. 'Inc Scllcr; emnmaud obligations, including warranty, shall not be domed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. Ill. PATEN'I S. Whenever the Seller is requited to use any design, device, material or process covered by letter, parent, trademark or copyright, ill, Seller [,all indemnify and slue harmless the Purchaser Runt any and all claims fur inhingcmcnt by rcmon Of the use of such patented design, donee, material or process in connection with the contract, and Shull iudcmuil'y the Punch.... for ally cost, expense or damage which it may be obliged to pay by reason of Such inhingcmcnt it any time during the prosccutiwt or offer the conlPlcloal ul'the work. In cast Said equipuenl, or any pun thcrcofor Ibe intended use If' tile goods, is in such suit held m constitute infringement and the use of Said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchuscr life right to continue using said equipment or pans, replace the wile wilh substantially equal but noninttinging equipment, or modify it so it becomes tmnintiiaging. Is. INSOLVENCY' If the Seller shun baun a insohcnf or bankrupt, make an asignnunl I., pre benefit of crditu., appoint a rcccivcr or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. 'fete definitions uftcrm, used or the interpretation cattle agnenwnl and the rightsofall parties hcrcunder shall be construed under and governed by the paws of the State of Columdu, USA. life following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rcpm,cnwtivefs), tan the premises of others. 17, SELLERS RESPONSIBILI'f Y. 'Ihe Seller 'fi UH Quay on said work at Seller's awn risk until the Sane is fully completed and accepted, and shape, in case (if any accident, destruction or injury to the work and/or materials bcllm Seller's final completion and cepcunce, c mpldc the work at Solids own cxpcnsc and to the satisfaction ill tile Purchuscr. When materials and cquiphuau arc furnished by mhcrs for installation or erection by the Selkq the Seller shall receive, unload, ,one and handle Sauw at the site and betnnu responsible thcrcfor as lough such affwaal, and/or equipment wore being p'urnklied by Ihe Seller under the odor. 18. INSURANCE. If,, Scllcr ,hull, of his on cxpcnsc, Provide for the payment of worker c.mp,nbatimi. including occepatimvl disease benefits, 10 its employees employed on or in connection with the work covered by this purchase order, and/or coo their dependents in accordance with the Imes of the suite in which the work is to be done. The Seller sbull'also carry connprchen,ive general liability including, but If limited to, contractual and inu mobil, public liability insurance with bodily injury and death limits of o1 least S300,000 for any one person. S500,000 for any mtv ."ideal and propcny dannagc limit per occident of S400,000. The Seller Shall likcwlso require his commetun, ifany, to provide for Such compensation and insurance. Before any of fife Sellers or his contractors employees Shull do any work upon the promises ufmhen, the Seller shall furnish the Purchaser with a eenificatc that such compensation and insurance have breti provided. Such certificates shape specify the date when such compensation and insurance have ben provided. Such certificates shall specify tile date when such compensation and insuatmc o"Ums. "ilea Scllcr agrees that such compensation and insurance shall be maintained until after the cntim work is completed and accepted. 19. PROTECI]ON AGAINST ACCIDENTS AND DAMAGES. 1'hc Scllcr Iercby usuuws the entire rc,pumibilily ,,it liability fro' any and all dunnage, loss Of injury of arty kind or nature whutsocvci to persons or property caused by or resulting horn the execution Of the work provided for in Ilik purchase order Or in tmacclian bercwith. The Seller will indemnify and hold hanalcs the Pu cba,er and ally or all of the Purchasers officers, agents and employee, font and against any sad dl darns, losses, danmg,, charge, or expcmcs, whether direct car iudirecl, and whether to persons or property to which the Purchaser may be put or subjccl by reason of any act, action, neglect, omission or default on Ihe part of the Seller, any of his contractors, or ally of fife Sellers or contractors ullice., agents or employees. In case any suit or other proceeding, shall be bought against the Purchaser, or its officers, agents or employers at any time on account or by master ul'uny It, action, aIgloo, omission or default of fife Seller of any of his contractors or any of its or their Si ices, Ligon, or cmplapcc, as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same an the Sell, on espensc, m pay any and apt costs, durges, atomcy, fees and other expense,, uny and all judgments that may be incurred by or obtained against We Purchaser or any of its or their otliccn, agents or employees in such suits or other proceedings, and in cuts• judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or other fm cedings, the Seller will at more cause the same Io be diswh'ed and discharged by giving bond or olher, ise. 1"he Schur and his contrucors shall fake all surety precaution,, furnish and install all guard, moes.,y for the prevention of accidents, congrly with all law, ,to regulations with regard to Safety including, but without limitation, the OQcuPaniunLil Solely and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 0372010