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HomeMy WebLinkAbout364578 MISTLER TRUCKING INC - PURCHASE ORDER - 3215149Fort Collins Date: 01/12/2015 Vendor: 364578 MISTLER TRUCKING INC 50419 CR 21 NUNN CO 80648 PURCHASE ORDER PO Number Page 3215149 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 2015 CONTRACTUAL 1 LOT LS 30,000.00 PER TERMS AND CONDITIONS OF BID 7355 AND 7564. 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. 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rr Purchase Order Terms and Conditions Page 2 of 2 I. COMIS ERCIAL DEfA1LS. Taxexemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Ceniticate of Registry 84-6000587 is registered with the Collector of Failure ache Purchaser to Insist upon stun performance of the terms and conditions herwf failure or delay as Internal Revenue, Denver, Colorado (Ref Colorado Revised Smrmes 1973, Chapter 39 26, 114 (a). eximuse any rights or remedies provided herein or by law, false, to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shill not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifcamm, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shill not be deemed a waiver of any nght of the damage in trawaL may be returned w you for credit and are tut to be replaced except upon receipt of written purchaser to insist upon urn performance remoter any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or aceeptul. as to any prior or submamarat default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waver of any of the terms Inspection. GOODS are subject to the Ciry of Pon Collins inspection on arival. hermE Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, amhoricad payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize tied in actual economic practice, overcharges resulting from antitrust ACCEPTANCE., dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser Theretofore, fotr good cause and as consideration for executing Nis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mom be F.O.B., Cue of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired order federal or state anutmn laws for such overcharges relating to the particular goods or services otherwise specifiN on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purist pursuant to this purchase order. bill on accompany invoice. Additional charges for packing will and be accepted. Shipment Miasma, Where manufacturers have distributing points m various parts of the country, shipment is expected from the nearest distribution point In destination, and excess freight will be deducted from Invoice when shipments are We from greater distance. remain Seller shall procure at sellers sole cost all necessary permits, ceni6cares and licenses required by all applicable laws, regulations, ordinances and miss of the some. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the Ciry of ran Collins harmless from and a,unat all liability and loss sasated by drum by reason of an asserted or established violation of any such laws, regulations, ordinances, rules nfequi rents. Authori ation. All parties to this contract agree that the representatives are, in fact, bona f d and possess full and complete auNoury w bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Such and any supplementary or additional terms and conditions annexed hem, or incorporated herein by reference. Any additional or different emrs and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately If you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time seated oa the purchase order and the documents attached hereto. No acts of the Purdlmen including, whour limiwuon, acceptance of partial late dciiwnes, shall operate m a waiver of This provision. To the event of any delay, the Purchaser shill 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 of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of Cud, was of civil or military someo ies, gweremental priorities, fires, strikes, flood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Firs received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants Nat all goods, articles, materials and work covered by this order will conform with applicable dawings specifications, samples and/or other description given, will be fit for the purposes intended, and performed with me highest degree of care and competence in accordance with accepted standard for work of a similar 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, repay or make good, without cost to the purchaser, my defects or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not be mreasonably delayed), resulting from imperfect or defective work done or materials famished by me Seller. Acceptance or use of good by the Purchaser shall net constitute a waiver of my claim under this warrmry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shill extend by all damages proximately caused by the breach of my of the foregoing warmues or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARCU,T OR MERCHANTABILITY OR OF FTI'NESS FOR PURPOSE. SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terns, other than legal terms, including additions to or deletions from the quantities odgmaly -mated in the m,ciecati,ns or drawings, by veNal or women change order. If any such change affects the amount due or the time of gifomlance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by worm change order, terminate this agreement as to my or all portions of the goad then not shipped, subject to my equitable adjustment between the parties as w my work or materials them in progress provided that the Purchaser shall not be liable for my clams for ntici,,wed profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Set let of my of their obligations as to my goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any clam for adjufmnt most be covered within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods cold hereunder shall have ben produced, sold, delivered and famished in strict oamimcc with all applicable laws and regulations to 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 regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Ne Purchaser harmless from all case and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or newsy this order, or my monies due or to become due hereunder without the ,tier wnnan consent of the other parry. Io. TITLE. The Seller notation full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in perfom move of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs den Seller 0 names nonconforming or defemve good by a date as, be agreed upon by the Purchaser and the Seller, and the Sellerthereafter indiceres its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the mom expeditious means available to it, and rare Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and clams of any nature resulting from the performance of such work. This release shall apply ever in the event of fault of negligence of the parry released and shall extend to due directors, officers and employees of such parry. The Sellers contractual obligation, including wanenry, shill not be deemed to be reduced, in any way, beaus, such work is performed or caused rn be performed by the Purchaser. 14, PATENTS. Whenever Ne Seller is required to use any design, device, materiel or process covered by letter, parent, trademark 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, material or process in connection with the contract. and shall indemnify the Purchaser for any con, expense or damage which it may be obliged to pay by reason of such infringement 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 pans, replace the same with substantially equal but noninfnnging equipment or modify it so it becomes mninGnging. IS. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or business, Nis order mM may fowirb be canceled by the Purchaser without liability. 16. GOVERNINGLAW. Thedef ikons of remx used or theinteryrnation of the agreemnt and Ne nghe of all parties hereunder shill be wnswd under end governed by the laws of the Aate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representative(s), on the premises of others. 10. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work and/or me enals before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser When materials and equipment are furnished by others for installation or crnuon by me Seller. the Seller shall receive, unload, were and handle same or the rite and become responsible therefor as though such materials and/or equipment were being famished by the Seller order the order. I8. INSURANCE. The Seller shill, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in coencnon with the work covered by this purchase order, and/or to their dependents in accordance with me laws of me state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but nor limited an, contractual and automobile public liability witatnee with Maily lams, and demo limit: dent least Sifahoou for any one person. $100.000 to, any one accident and psaltery, damage limit per accident of S40g00o. The Seller shill likewise require his contractors. ifany, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises croakers. the Seller stall famish the Purchaser with a certificate that such wmpmsation and insurance have ben provided. Such cionfiote shall specify the date whet such compensation and insurance have ben provided. Such certificates shall specify the date who such compensation and in expires. The Seller agrees that such empemauon and insurance shill be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby auumes the more responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or poulung fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlacs the Purchaser and my or all of the Purchasers omcus. agents and employees from and mention my and ill clams, lose, damages, charges or expenses, whether direct or written. and wficNn to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default an the pan of the Seller, my of his contractors, or my of the Sellers or contractors olBcers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or in officers, ages s or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of any arms contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense therwf and to defend the same at the Sellers own exhibit, to pay my and all costs, charges, momeys fees and other expenses, my and all judgmene Nat may be incurred by or obtained amount the Purchaser or my of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will ar once cause the same to be macced and discharged by giving bond or otherwise. The Seller and his contractors shill take all safety promotions, famish and install all gaud nacessary for the pmennon of accidents, comply with all laws and regulations with regard to safety including but without Immigrants. the Occupmona Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07/2014