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HomeMy WebLinkAbout107125 BIVENS TRUCKING & EXCAVATING INC - PURCHASE ORDER - 3215117Fort Collins Date: 0110912015 PURCHASE ORDER Vendor: 107125 BIVENS TRUCKING & EXCAVATING INC 862 W WILLOW LANE FORT COLLINS CO 80524 i PO Number Page 3215117 1 'oft This number must appear on all invoices, packing slips 4 labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET 1 FORT COLLINS CO 80524 Delivery Date: 01/09/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 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:purchasingQafcgov.com 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 1. COMhERCIAL DETAILS. Tax exemptions. By statute Om City of Fan Collins is exempt from state and local goes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Conifcme of Registry 84-6000587 is registered with the Collator of Internal Revenue, Denver, Colorado (Ref Colorado Revised Subarea; 1973. Chapter 3936, 114 (a). Goods Rejected. GOODS REJECTED due to failure an meet specifications, either what shipped or due in defects of damage in transit, may be tetumed m you for credit and art not to ber replaced except upon receipt of written burnout... from ale City affair Collins. Inspretion. GOODS art subject to the City of Fen Call. inpectioo m arrival. Heil Ac«paince. Receipt of the memhandice, services a equipment in ease. to this ardor can «salt in authem,al payment on the pan of the City of Fort Callus. However, it is to b< understood Nat FINAL ACCEPTANCE is dependent upon completion of all applicable taluird inspection provisional. Freight Terms. Shipments most be F.O.B., City of Fon Collins, ]era Wood St., Fan Collim, CO 80522, unless otherwise spaificd on this order . Upmnission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges forpzcking will not be accepted. Shipment Distnnca Where manufacturers have distributing points in various pans of the country, shipmcm is expected from the nearest distomom Point m destiumion, and excess freight will be deducted from Invoice when shipments ore made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and livens« required by all applicable laws, regulations, indmarec and rules of the some, municipality, territory or political subdivision where the work is performed, or requital by any other duly constituted public .theory having jurisdiction over the work of vendor. Seller further agrees W hold the City of Fear Collins harmless from and against all liability and loss oral by hem by mason of an asserted or established violation of any such laws, regulations, oeimnca, roles and requirement. Amborixatim. All parties to this ...tout agree that the representatives are, in fact. bow fide and possess full and complete authority to bind laid poem. LIMITATION OF TERMS. This Purchase Omer expressly bruits acceptance to the marts and aonditioru stated berrin set forth and any supplementary or additional tram and conditions amexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by alter are objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou moot make complete shipment to anise on your promised delivery date as noted. Time is of fe arena. Delivery and performance must be effected within do time stated on the purchase order and the documents attached hereto. No acts of she including, without limitation, acceptance .f partial late deliveries, shall operate as a waiver of fis provision. In the event fany delay, the Purchaser shall have, in addition to other regal and equnablu remedies, fie option of placing this order elscadcre and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result o'delays due to causes not reasonably foresaoble which we beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental prionties, fires, strikes, Baal, epidemics, wars or hots Provided that notice offe conditions causing such delay is given in the Purchma within five (5) days of the time when the Seller first received knowledge thereof. In fie event .f any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by his order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with ccepted standards for work of a similar nature. The Seller agrees to hold fie purchaser harmless from my lass, damage or expense which he Purchaser may suffer or incur on account ofthe Sellers breach of wananry. The Seller shall replace, repair or make good, without cost to the purchaser, any defe rs or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by fr tams ofany applicable waronry provided by fie Seller aver the date of acceptance of the good famished hereunder (zcuegamu not W be ummm.My delayed), resulting from imperfect or defective work done at materials famished by the Seller. Acceptance or use of good by the Purchaser shall not onstione a waiver of my claim under this warranty. Except as otherwise provided in this parchee order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of Oc foregoing warranties or gmrmmes, but such liability shall in an event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE MY,LL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes an legal terms by carmen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make our changes to fe terms, other than legal terms, including additions 10 or deletions from thr q.fuel originally ordered in the specifications or drawings, by vedal ac ..a change other. If any such change aliens the mount due or fie time of performance hereunder,m aptitude adjustment shall be made. 6. TERMINATIONS. The Pumhase may at any time by written change order, terminate Us agreement as to any or all portions of he good then not shipped, subject o any equitable adjustment between the panic ex to any work or materials then in progress provided that the Purchaser shall cam be liable for any claims for anticipated profits on she uncompleted portion of the goods andor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller many .fiber, obligations as to any good delivered hereunde. T. CLAIMS FOR ADJUST MINT. Any claim for adjustment most be assured within thirty (30) days from fie date the change or temrination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in at compliance with all applicable laws and regulations to which the goads are subject. The Sella shall execute and deliver such docummb m may be required to effector evidence compliance. All laws and regulations equiredd to be ncorpomted in agreements of this character are hereby ucoryorested herein by this reference. The Sella agr es to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pm, shall assign, transfer, or convey Nis order, or any navies due or as become due hereunder without Ne prim wrum consent of fie other puny. 10. TITLE The Sella warrnIv full, clew and mraWeted thle to the Purchaser for all egwpment, mthands, and it. finished in performance of this agrecomer, free and clear of my and all liens, remrictions. Tasman.., s«urity inte seal rncumbournca and claims of others. I I. NONWAIVER. Failure ofthe Purchaz« to insist upon strict performance of the terms and conditions hereof, failure or delay in arecise my rights m remedies provided herein or by law, failure to promptly antity fie Sella in the event of a breach, the cmptana ofor payment for goods M1neunder or approval of ale design, shall not release the Sella of my of the watrennes or obligations of Nis pumhase order and shall rot b, clamed a waiver of my right of the purchaser to insist upon suit, perfbsmasue hereof or any of its rights m remedies as 10 any such goods, regardless of when shipped, received or accepted, as m any prior or subsequent default Intermarket, nor shall any postponed mat modification or rescission of this purchase major by the Purchase uprose as a wawa of any of the it. hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual economic lervace. overcharges candurm from mtiuust violations are in fact home by the purchaser. Tbcremfamfor good some and as consideration for exemrm, Nis purchase order, the Sella hereby assigns to fie Purchaser my and all claims it may now have or hereafter acquired under federal or site mtitrtut laws for such overcharges relating to fie particular goods or services purchased or acquued by the Purchase pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Wthe Purchaser directs the Seller to comet nonconforming or defective goods by a date m be agreed upon by the Purchaser and the Seller, and the Seller denuder indicates its inability or unwillingness to comply, the Purchase, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This releae shall apply even in the event of fault of negligence of the party replaed and shall extend to the directors, oRcas and employees of such party. The Sellers consacnul obligations, including warmat shall net be darned an be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is tactical to use my design, device, material or process covered by leaner, patent, trademark or co,yd,h4 the Sella shall indemnity and save hmmlm the Purchaser from my and call claims for impingement by reason of the use of such patented design, device, material or process in comechoo with the contract, and shall indemnify the Purchaser for any cost, expense m darmge which it may be obliged to pay by rmmn ofsuch infirm,m em at any time during fie prosatum. or after the completion of the work. In case said aNipmmt, or any pan thera t' or fie intended use of Ut good, is in such suit held to mrommte infringement and the use of said equipment or For is enjoined Ne Sella shall, at its own xxpensc and . its option, rife, pwa. fro the Purchaser the right in anlwue using laid equipment or pant raplme the same with substantially afoul but noninfrimull cquipmem, or madly it m it become, noninfringing I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for he benefit of cadimrs, appoint e receive or mime for any of the Sellers pro,, or business, this order may forthwith be canceled by the Purchase without liability. 16. GOVERNING LAW. The definitions ofterms nasal of the ioerprromion offs, agreement and the rights of all parties hereunder shall be construed under and g.vemed by fire laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform we& hereunder, including the services of Sellers Represenomive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall ran, on said we& st Sellars own risk until the some is fully completed and accepted, suit shall, in case of any accident, destruction or injury to the work mdier materials before Sellers final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of ale Purchaser. When materials and aluipment are famished by others for installation or emotion by the Sella, the Seller shall receive, mrload, store and handle same ar the site and become raponsible therefor as though such materials and/or equipment were being famished by the Sell« order fc order. 18. INSURANCE The Sella shall, at his own expense, provide for the paymeat of workers compensation, including azupitimW disease benefits, to its employees employed an or in connection with Ind work covered by this Purchase order, carper m their deperrdenm in seconvicance with the laws of Ore state in which the work is In be dmre. The Seller shall also carry comprehatsine gmeml liability including, but not limded to, commercial and automobile Public liability imumnae with bodily imery and deaf limits of cat leant S30g000 for any one person, 5500,000 for any one incident and Property damage limit per accident of 5400,000. The Seller shall likewise ra tam his cam ensio rs, if any, to Provide for such compensation and bounce. Bruce any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall fuunish ale Purchaser with a amficate that such cmnpensatlm and insurance have ban provided. Such ecrtlficota shall specify the date when such compensation and rmmunce have been provided. Such cenificata shall specify the date when such compensation and mummer exports. The Seller agrees that such compensation and insurance shall be maintained until ma fie entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes fie entire responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase meet or in co nation herewith. The Seller wit indemnify and hold havoless the Pumhzser and my r .11 of the Purchasers ofiter, ,agents and employees from and against any and all claims, losses, damages, charges or expenses, whether dire. or indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his ontractors, or any of the Sellers or contrawtval of rats, agent in employees. In case any suit or other proceedings shall be brought agaima fie Purchase, a its officers, agents or employees at my Gene an account or by ream- of any all, action, neglat, omission or default of the Sella of any of his contractors of my of its or their officers, agents or employes as aferemid, the Seller herby agrees to assume rho defense fereof end to defend rate same an fie Sellers own expense, to Ray any and all costs, cluxles, a timays fees and other expevsrs, any and all judgments that may be, incurred by or obtained against the Purchase or my of its or their officers, agents or employes in such suits a other proce dings, and in race judgment or after lien b , pfcnl upon ar obtained against fe pmlerty of the Purchaser, or said Iamia in or as a vault of such its or other proceedings, the Sella will at ones cause the same so be dissolved and discharged by giving bead or otherwise. The Seller and his contractors shall take all safety precautic res, furnish coal install ell guard necessary for the prevention of accidents, comply with all laws and regulations with regard in safety including, but evident Imagdav, tho Occupatiaal Safety and Hmlh Act of 1970 and all roles and regulations issual pursuant thereat. Revised 07nx 4