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Home My WebLink About364578 MISTLER TRUCKING INC - PURCHASE ORDER - 3214281PO PURCHASE ORDER 3214281 Page City of PURCHASE 3214281 1 of z C6rt Collins This number must appear ,�—J`_' ` ` on all invoices, packing sli s and labels. Date: 07/24/2014 Vendor: 364578 Ship To: STREETS DEPARTMENT MISTLER TRUCKING INC CITY OF FORT COLLINS 50419 CR 21 625 NINTH STREET NUNN CO 80648 FORT COLLINS CO 80524 Delivery Date: 01/09/2014 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO 1 LOT LS 10,000.00 per terms and conditions of bid 7355 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 Total Pay terms net 30 days 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from note and local taxis. Our Exemption Number is II. NONWAIVER, 98-04503. Fademl Excise Tax Exemption Certificate of Registry 84-6e00587 k registered with the Collector of Failure of the Puahamr to insist upon strict performance of the teens and conditions hereof, failure or delay to lateral Revenue, Dame,, Colorado (Ref. Colorado Rn'isad Statutes 1973, Chapter 39-26. 114 (a), exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the we"bro a ofar payment for gawk hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet spxifiestions, either when shipped or due to direct, of any of the warranties or obligations of Otis purchase or and shall act b , demand a waiver of any right of the damage in transit, may be returned] to you for credit and are not to M replaced except upon receipt of wren purchaser to insist upon smn performance hereof or any of its rights or nmdies u a any such gam, regardless instruction, lion, the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral moth ficmion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspector. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Ff—I Accepurri Receipt of the merchandise, services or egOi,mmt in tespome, to this order can permit in ¢.ASSIGNMEN'OFANTITRUSTCLAIMS. aurbodmd Paymem oa the pan of the Ciry, of Fort Collins. However, it is to be understood cat FINAL Seller and the Purhaser recognize flat in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion craft applicable mquiped inspection procdures, violations arc in fact home by the Purchaser. Therrtolme, for good came 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 Firms, Shipments must be EO I., City of 1'os Collins, 901 Ward St., Fort Collins, CO 80522, unless acquired ands, federal or fare on ifmsf laws for such overcharges reaming to the radicals, goads or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purcham order. bill most accompany, invoice. Additional charges for puking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manu(=turers have distributing point, in various pans of the country, shipment is If the Pumhasa direct, the Seller to correct nonconforming or defecive goods by a&,a toed spread upon by the expected from the nearest dishibmlon to, to chancellor, and excess freight will be defined from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser shipments are made Item greater distance. may cause the work to be perfomed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and lireters required by all applicable laws, regulation, ordinances and rates of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly ronstioned public nuffonly having jurisdiction over the work of vendor. Seller fuller agrees to hold tad City of Font Collins harrolcss from all against all liability, all loss incurred by them by reason of an assumed or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this earned spree that the u preenmtives arc, in fan,, buns fide and possess full rod complete omhmi to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits ucepernux to the team and conditions sated herein set forth and any supplementary or additional tern and mnditiom annexed hereto or incorporated herein by ref enam. Any additional or differentIt. and conditions proposed by seller are objected to all hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT iminnhately if you cannot make complete shipment to arrive on your Promised delivery date as noted. lime is critic assault. Delivery and perfamlance must be effected within the ,ire sated on the purchase order and the document, attached hereto. No acts of the Purchasers including, without limitation, acerPtmce of partial Ime deliver, shall Dram¢ ss a waiver of this prvsision. In the event of any delay, the Purchaser shall have, in addion m the, legal and equitable remedoo, the option of placing his order elsewhere and holding he Seller liable fur damages. Hox¢vat, the Seller shall no, be liable for damages as a result of delays due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmmml promises, fires, strikes, Hard, epidemics, some or not, provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days oI'he time when the Seller first received knowledge thereof. In the event of any such delay, the dine of delivery shall be extended for the rend fraud ka the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, asides, materials and work covered by this order will conform with applicable drawings, specifications, samples andir, Other descnpfions given, will be fit for the purposes mendal, send Performed with the highes, degree of care and a mpeterre in accordance with accepted standards for work of a imilm nature. The Seller agrees to hold the purchaer hamlkss from any loss, damage or expense which the Purchaser may suffer or incur on as. of the Sella breach ofwartmty. The Seller shall replace, repair or make good, without cost to the purchaser, any defect, or faults arising within one (1) year or within such longer peril of time as may be prescribed by box or by the terns of my applicable warranty provided by the Seller offer the data of acceptance of the goods famished hereunder (acceptance not in be unreasonably delayed), resulting from impatient or defective work done or materials famished by the Seller. Acceptance per use of goods by the Porchaser shall peal onstfoe a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Set lens 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 loss ofprofit, or loss of use. NO IMPLIED WARRANTY OR MERCHANfABILTY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL PERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may sake any changes in the man, other than legal temu, including additions to or deletions from the ,—fail. originally ordered in Ne specifications or drawings, by veNal or emir change order. If nay such change efforts the amount due or the lime of,rf...r,c hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any lime by wnnen change aid,, maturam t],is agreement as to any of ell Imanow Of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser And] not be liable for my claims far anticipated profits an the uncomplered ponim of the goals m kin work for incidental or coin a man l damages, and that no such adjustment be mask in favor t The Seller wad onfee, no any gaods which are the Sellers standard stuck. No such mnninanam shall relieve the Purchaser or the Seller crony oftheir obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim For adjustment must be asserted wilhin thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller waaams thin all soda sold heman&r shall have been produced sold delivered and finished in stricl compliance with all applicable laws and regulations to which the goods are subject. Thc Seller shall execute and deliver such documents u may be requital to effect or evidence compliance. All laws and regulations required to be rsorporred in agreements of this chamcer are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaer harmless from all costs and damages suffered by the Purchases as a result of the Sella failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, handles, or convey this aide, or any monies due or to become due hereunder without the poor wren consent Ofthe other parry. 10. TITLE. The Seller wamnts full, clear and umutriced title m the Purchaser for all egmiptent, tretmals, and itean fmishd N performance of rids smarm m. free and clam of my ad all If., restrictions, rtsmatiola. manner interest mcumbrmces and claims ofodamr. The Sell,, shall release the Purchaser and its conlmcmn of any It., from all liability and claims of any nature csuhing from the performanit of such wmd:. This relaau shall apply even in the event of fault of negligence of the parry released and shall extend to the di edors, officers and employees of such any. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Forearm, 14. PATENTS. Whenever the Seller is required to use any design, device, matmal or process covered by fare, parent, undial r copyright, the Sella, shall indemnify and save hamlless the Purchaser from my and all claims for Infrgement by reason of the use of such patented design, device, material or process to connection with the marine, end shall indemnify the Purchaser far any cost, expense or damage which it may be obliged to pay by reason of such inGngement 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 rj hr to commit, in, said equipmem or pint, replace the same with satisfactorily opal but noninGnging optimism, or modify it so it becomes noninfringong. 15. INSOLVENCY. If fie Seller shall become insolvent or baNmpl, make on assignment for the benefit of creditors, appoint a receiver Or trustee for any of The Sellers propmy or tubeless, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms send or the interpretation of the agreement and the rights craft parries hereunder shall be constmed under and govemed by the laws of the State OFColomdo, USA. The following Additional Conditions apply only in car where the Seller is to perform work brmunder, including the summer ofSellm Reprewmadive(s), on the premises ofothers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk writ the same is fully completed and accepted, and shall, in e of any accident, destruction Or funny to the work maj or materials before Sellers Fort completion and acceptance, complete the wmk at Seller's Own expense and to the satisfaction of the Purchase, When materials and aspopment are famished by others for installation or erection by the Seller, the Sella shall receive, —[oad, sore and handle same at the site and became responsible therefor as though such materials mNer equipment were being fumil by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workm compensation, including occupational disease returns, 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 lases of the sole in which the work is to be done. The Seller shall .1. carry comprehensive general liability including, but not limitd to, contract -I sad automobile public liability marmarce with bodily injury all death limit. of at lest S3.." for any are permry SSCO.UW for any one accident and property damage limit per accident of Sf00,000. The Seller shall likewise retain, his contricars, irony, to provide for such compeasution and insurance. Before any ofrhe Sella or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cerificutes shall specify the date when such aomple... lim and insurance have been provided. Such cenificmes shall specify Me dale when such compenmlion nd assurance expires. The Seller agrees that such compensation and insurance shall be maintained writ after the same work is romplmd 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 of any kind or nature whatsoever to persons Or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. Thc Seller will indemnify and hold harmless the Purchaser and tiny r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, wbnMr direr or mdbec, and whether m persons or property to which the Purchaser may he put or subject, by reason of any act radon neglect, omission or default oar the pan of Oe Seller, any of his contmnars, or my of the Sella or conttanars officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, of its officers, agents or employees at any time on =count or by reason of any act, =lion, neglect, omission or defaull of the Seller of any of his contractors or any of its or Nair officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thermf and to defend the same at the Salim own expense, to pay any all all costs, charges, aromeys fees and other expenses, my arm all judgments Our my be incurred by or obtained againsl the Purchaser or my of its or their oRcark agents or employees of such suits or other proceedings, road in cue judgmen, or other lien b, placed upon or obtained against the property of the Purchaser, or said ponies in or as a rash of such suit, or other proceedings, the Seller will at once cause the same m be dissolved and th=hongad by giving bond or od erwfse. The Seller 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 Commandant] Safety and Heahh At, of 1990 and all roles and regulations issued pursuant Iherero. Revised 07aO14