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HomeMy WebLinkAbout441491 ALPINE DEMOLITION & RECYCLING - PURCHASE ORDER - 9111941PO y PURCHASE ORDER 9111941r Page rCit ofof Flirt Collins1 This number must appear /w+.� v`, V on all invoices, packing slips and labels. Date: 04/0712011 Vendor: 441491 ALPINE DEMOLITION & RECYCLING 5709 W 56TH AVE SUITE C ARVADA Colorado 80003 Delivery Date: 04/07/2011 Note: Line Description Desconstruction-222 LaPorteAve Poudre Valley Creamery PER TERMS AND CONDITIONS OB BID 7202 AND AGREEMENT DATED FEBRUARY 23, 2011 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 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Buyer: luantity UOM Unit Price 3rdered 1 LOT LS Total Invoice Address JOHN STEPHEN tench Price 57,900.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcnns and Condition Page 2 of 2 1. COMMERCIAL DETAILS. Taa exo rlderm. By mama the Ciry of Fon Collies n exempt frnm someAnd local taxes. Our Eacmpion Number is 98-04502. Federal Eaton T. ExemMinn Cmifuse of Registry 84-6000581 is rcginercd was the Coal of Imemal Revenue. Denver. Col.ndo (Rif. Colonial Revised Satmes 1913. Chapter 29-26. 114 A). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defers of damage in transit. may be rammed to you an cut and arc not to a replaced except upon rpapr of written instruction from the City ofrom Collins. Immecoan. GOODS arc subject m the City of Fun Collins inspection on arrival. II. NONWAIVER. Failure of the Purchases to insist upon sairl perfotmana of the mom and ecnditians hereof, fortune or deep In cxcrciw any rights or remedies pre ided hencin at by Imo, failure in promptly notify the Soler in the event of a mach, the acceptance of or payment for goods hereunder or approval of the design, shall not releme the Scllc of any of the ••enamors or obligations of this purchase code, And shall not be deemed A w u,T, of any right Of the purchase in sinpo un wort performance baeofor any of its rights or remedies as to any such Faads. rtgardlia of when shipped, received or accepted, as to any prim or subsegnal default hBanda, nor sbnll any pugamed .,at mods nation or narissmn of no purchase order by he Purchasc ranate as A wti Of any Of the toms bereof Final Alapmna. Racip Of the merchandise, win icts or equipment in response to this ,it,, can cede in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aulhmized p.ym a the pan of the City of Fort Collins. Hawser, it is To be und,rstrrod ton FINAL Scller and toe Purchaser recognize Oat i tactual e e practice, o rcnnrges "lung frmm mndtmn ACCEPTANCE isd Td,ntu Icrion crafa linable re oil -. open pen comp pp quired inspection procedures purchases arch fact dhT by the Purcgns to the grad d all and its nit may Too, for n or her this purchase luor, the al Or pin onereby assigns m for Pursuch oacr any and all Hating to t it may tamp hoot or M1 moms Tubend,-i Terms. al on this nun be F.O.B., City Of Fair Collins. qw Wood change Fort Collins the on i, unless purchase nnda federal or state chase, , Imps for hi. m.he.cus rclming m the pnniculm Freda tar services bill or, arappuctpCeonrmale Additional cal for Parven ing oil; nofreig aretarge sfpamitlY. Tfie odFinel height purchased oracquired by he Purchase, Dursnannn this pnrchnx Order. bill mug ¢cmmpenY invoice Additional charges for packing will tam M ncctnted. Shipmem Distance Where manufacturlrs have distributing points in various pans of the country, Shipman is expected from the nmal distribution .in, 10 datinatinn, and execs built, will be deducted from Invoice whom shipments arc made farm greater distance. a returns, Senor shall parere, at will one con all neressay peonies, ours ficamx and license, r,.and by.II applieable laws, regulations, cadmium and man of the state, municipality, territory or political subdivision where the wink is performed, or required by any other doll conatitmed public Anthony having probation over the work of mail Sella further agrees to hold the City of Fan Collins harmless form And against all liability and less incurred by them by mason of an asserted or eslablisMd violation of any such laws, regulations ondinances, roles and rcquiremeots. Authorization. All panics to this contract agree that the a,reunmoon are, in fact, bona fide and possess full And omplete Authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limin ncapmnee In the mars and conditions sated herein sal forth and any supplementary, or Additional moms and conditions annexed Eado or in mmarand herein by reference Any eddifmml On differed, seams and conditions proo eed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shins to arrive on your promised Act vary date as noted. Time is of the essence. Delivery Audi performance mum be effected within ,he Time stated an the purchase mdcr and the documents attached hi No acts of the Purchasers including, wihout liminfion, as rmane, Ofpmial laic deliveries, shall opens, as A waiver of his p.vision. In the even) of Any delay. the Purchasc shall have, in addition to All legal and equitable moral the option Orphans this order elsewhere And holding the Seller liable for damages. However. the Sella shell not bo liable for damages as a Tariff of delays due to owes not reasonably f seeable which an beyond its reasonable control and withom in fault of negligence arch nun of Gad. At. afrivil or mllhary emhorams. govetnmental priadlles. fires, stokes. Bad, cpidcmies, wars err Thus provided That notice of the conditions causing such delay is given to the Purchasc within five (5) days offle time when the Seller fiat retained komwlaw thereof. In IM1e even, of any such delay, the time of delivery hill be essential for the periM equal to the time actually last by reason of the delay. ].WARRANTY. The Scllcr warrants That all goods, amides, materials and work covered contemn with this order will contewith applicable drawings specifications, samples and/or olbddesaiplions given, will tic fit for the purposes inhaded, and perfmmaed with the higbem degree of cam end competrnec in accordance with asecond sannon for work of A milar nature. The Sella agrees to hold the pmehaxr harrllas from any loss, damage or expose whim the Purchaser cony suffer Tr incur on account of the SCllen breach of wamnfy. The Seller shall replace, repair or make good. without cost to the purchase, any. defects Or fauln.dairi within one (1) year or oubm such lunacy crind Of time as may be prescribed by law or by the temp of any applicable warranty provided by the Slott slier the date of acceptance of the goods mmishcd hneraer (aucyrarew net to be unreasonably d0ayalk resulting form imperfect or defective work time or materials nourished by The Strict. Acceptance or use of good by the Purchexr than not aromatic a waiver of any claim under this warranty. Except as otherwise pmvidcd in this purchase elect, the Sellom liability hadrnda shall calea d to All damages proximately caused by the breach cal Tithe f r egoing warrami" an pomasu ces, but ch liability shall in no event include lots of narl or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS, The Purchase may make trump. 1. legal terms bywdnen change aMe, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms other thnn legal corms, including additions to or deletions from ,he q.Antilles originally ordered in the specifications or drawings, by verb l or written change Order. If any such change affects the amount due or the time of performance hereunder, in avimble aumwa crd shall be made. 6. TERMINATIONS. The Purchaser may at any time by wdncn change mace mmrinarc this allccmcni as to any or all portions of the gads then no shipped, subject to any equitable adjusmmnt theman the ponies As to any work or materials her in pro mss provided Thar the Purchaser Audi not be liable fro wary claims for amidpamd profile as the unemmpleted panic of the gavUs nation volt, for incidemal err eg sue tial damages and than such Adjustment M made i favor of the Sdia es with respect to any goods which are the Stator mlandale nark. No such nomination shall relieve in, Purchase, or the Seller afany ofthelr obligations .11. any goad delivered norms a. T. CLAIMS FOR ADJUSTMENT. Any claim For Adjuwncnl nun be Asssmed within thirty (30) days fiom the date the change in termination is ordered. P. COMPLIANCE WITH LAW, The Seller wamnts that all hands will remainder shall have ban pmdviced, sold, delivered and fumiehed in stdd compliance with all appli"blc laws and regulations to which the goods are subject, The Sider shell execute And deliver much doe moms as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agramenn of this character arc hereby inmrponimd herein by Ibis refemnec. The Seller agrees to indemnify end hold she Purchase harmless from all can end damages suffacd by the Purchaser as a call of The Silica, failure In comply with mum law. 9. ASSIGNMENT. Neither parry shall Assign. Trial or convey this order, or any monies due or to become due hereunder without he ,He, wrincn consent ofthc other parry. 10. TITLE, The SCller warrants full, clear and unrestricted doh to the Purchaser an all equipment, materials, and items mmished in performance of this agreement, hoe and cl"r of any and all liens, restrictions. rexmtiam, security iniand encumbrances am claims of oThm. IJ. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dirain the Scllcr to correct nonconforming or iterative grads by a date to be ngrccd upon by,hc Purchaser and the Sena, and the Senet thereafter indicates its inability or unw I ingnea to campy. the Purchaser may cause the work to be performed by the must expeditious means available IT it, and the Seat, xhall pay all costa associated wilh such work. The Seiler shall release the Purchexr and its contractors of any her from all liability and claims of any nature resulting four the perfmmanee of such work. This release shall all even in the event of fault of negligence of the parry recleaned and shall extend to the directors, of a" and cmployca of such parry. The Shcet, contractual obligations, inclod ing warranty, shall and he domed to Ire reduced, in any way, because .nth work is pafnmad On caused in be pabound by the Purchasc.. 14. PATENTS. whenever the Scllcr is regnircd to use anv design, device, maluial tar pmcen covered by lemur. pntraf trademark or copyright, the Seller shall indemnify, and save hamdess the Purchaser hour any and all claims an infringement by realsom of the use of such patmroces ented design, device. merial or Texas in connection with the contract, and shall indemnify the Pu char for any can, expense or damage which it may be obliged I. Pay by reason of such infringemou at any time during the Transaction or a0cr the completion of the work. In ease said whipmenl, Or any pan thereof or the intended use of the goods, is in such Nil held to constitute infringement and the use of said equipment or pan is cnjnined. the Saner than. at its own expene add at in apron, Tuba procure for Ole Purchaser the right to continue using said ewipmenl or pans. replace the same with substantially equal bid naniafringing ryuip arTu. Or modiy it so it baOmes noninlringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankmpt, make an assignment for the benem of creditors, ep orim A receiver or husme for any of the Sellers Painterly or business, this under may forthwith be canceled by the Purchaser minimal liability_ l6. GOVERNING LAP/. The dcfinilions oforms used or the inlcMretetion of fh, Agreement and the rights ofall panics hcrmmdcr doll he onsmaed under And aovemcd by the laws ofthe Stare of Cnlomdo. USA. The following Additional Conditions apply only in where the Seller is to pofomr work hereunder, including the swans of Sellers nPresculanae(M, on thecases premises of ushers. 17. SELLERS RESPONSIBILITY. The Seiler shall carry, oa maid work AT Seller's oum risk until the awe is fully completed and accepted, and shall, in x of any aaident, destruction or injury to the wart And/or materials before Strict s final completion and B"Oplance complete the work at Seller's awn eapenm and to the satisfaction of the Purchaser. When materials and equipment arc fumishcd by others for installation or cration by the Scott, the Scllcr shall receive, unload. store And! handle A m, at the site and become responsible thetebe As though such materials and/or equipment was being famished by the Seller under the coda. I g. INSURANCE. The Seller shall. at his awn cxpenme, provide for the payment of workers compensation, including Tantamount disease beni to in employees employed on or in connection out the work coverts by this purchase Order. and/or In their dependents in accordance with the laws Of the state in which the work is so be done. The Scher shall also evrry comprehensive general liability including, M1m nor limited m, eanttahual and ac,mmObilO p.hire liability insurance with bodily injury and death limits of at Tenn S100.000 for any One person, S50gM0 in, any one accident and properly damage limit per tail of S400.000. The Scllcr shall likmeim, require his contortions. if any. to provide For such compensation and insurance. Before any of Sellers or his contractors employees shall do any work upon the pmmiscs of others, the Seller shill mmish the Purchaser wilh A ceni ime that such compensation and insurance have ban provided. Such arlifiearca shall specify the date when such mpicr ion and mmeries have been Provided. Such anifieales shall specify the datewbm such compensation and insurance capita. The Seller agrees that such compensation and insurance shall be maintained Turn Ann the enure work is completed and accepted, 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hairy assumesthe made responsibility adliabilityfor any And all damage. lea or injury Ofany kind r nature whaasacva to person or p nda y "weed by or resuoing from the eacrificari of the work provided fin, in this purchase order in In correc than warrant. The Sella will Indemnify and hold harmless the Purl cut add anv r all of the Purchasers omcar, agents end employees form and against any and ail claims, leaser, damage, chaga or expenses, whether direct or indirect, And whmha to persons or papery to which the Purchaser may be put or subject by rcaon of any it, adan. Traded. omission or default an the part of the Salo, any of his anhenors, or any of the Sellers at eommemor omcers, agents or employees. In caw any Nit or other proceedings shall be brought against the Purchaxn or in nRccrs, agents or cmployca at any time on Account tar by reason of any act, action, neglect, omission or dCOulr Of the Sella of any Of his eonnadms on any of,,, Or loar officers, agents or employees as aforesaid, the Scllcr hereby agrees to assume the debase Thereof and m defend the Nm, at the Sellers own Tworaw, to pay any and an costs. Tutges, attorneys far and other expenses, any and all judgman that may be incurred by Or Obtained against the Purchaser or Any or its Or their .mats. .germ or employees in such suits Or other prot"dings. and in cast judgment or other lien be placed upon or obtained against the Formerly of the Purchexr, or said panics In Ores A result.fsuch suits or Other procedims. ,be Sella will At once cause the ame to be dissolved and discharged by giving bond or otherwise. Tic Seller and his contractors shall take all safcry p national famish and install all guales naeeary for the prevention of accidents. comply with all laws and regulations with regad IT safety including. but volic al limhation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuam thcrcm. Revised 03/2010 4 , Im