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HomeMy WebLinkAbout441491 ALPINE DEMOLITION & RECYCLING LLC - PURCHASE ORDER - 9145002Fort Collins Date: 08/29/2014 PURCHASE ORDER Vendor: 441491 ALPINE DEMOLITION & RECYCLING LLC 5709 W 56TH AVE SUITE C ARVADA CO 80003 PO Number Page 9145002 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/29/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Perform the deconstruction of 1 LOT LS 91,800.00 the buildings located at- 212 LaPorte, 230 LaPorte and 208 N Howes per terms and conditions of bid 7660 and agreement dated August 6, 2014. - 2 Deconstruct 1 LOT EA 7,013.00 500 Riverside Blvd 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, Fart Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 13.00 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. COMMERCDM.DETAIIS. Tax ucmptions. By statute the City of Fort Collins is exempt Imm slate and local bases. Our Exemption Number is 11. NONWAIVER. %f04502. Federal Excise Tax Exemption Cartificam of Registry ", 0005BT is registered with the Cadman, of Failure of the Purchaser to insist upon strict pe,fotmance of be menu end conditions heaW( failure or delay to trimmed Revenue, Deaver, Colorado (Ref Colorado Revised Sam. 1973, Clupta 39-26.114 fed. concism my rights or remedies provided hucin or by law, failure to promptly notify the Seller in the event of a branch, the acceptance ofm payment for goods hereunder at approval ofbe design, shall at release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specification, either when shipped or due to defects of any ofthe warranties M obligations of this purchase order and shall not be deemed a waiver of my sight of the damage in transiq may he renamed to you for credit and am mi to to replaced except upon receipt of winners Purchaser to insist upon ands, performance hematite any of its rights or remedies as to my such goods, rmgeMlmss instructions from be City of Fort Collins. of when shipped, received or accepted, as to my prior or subsequent defaWl hereunder, nor shall my imported anal modification or,e,cissian of this purchase order by be Purchaser operate as a waiver of my of be terms Inspection. GOODS am subject to the City ofFon Collins inspection on arrival. hereof. Final Acceptance. Receipt of fe merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aubsomand payment on the part of the City of Fort Collins. However, it is to ha understand that FINAL Seller and the Purchaser mcognhe but in actual wa is practice, overcharge, reum lting from [itrust e a ACCEPTANCE is dependent upon completion ofall applicable, inspection procedures. violations am in fan home by the Pu beacI, Therwofam, for gaud ruse and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or Instance Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay height aM charge separately, the original freight bill most accompany invoice. Additional charges fmpacking will we be accepted. Shipment Distance. Where manufacturers have distributing points in various pads ofthe country, shipment is expected from the nearest distribution point to deatination, and excess freight will be deducted from Invoice wheat shipments art made from greater dlWance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licmmef required by ell applicable laws, regulations, ordinances and bales of the sham, municipality, territory or political subdivision where the work is Performed, or required by any other duly nominated public authority having jurisdiction over the work of vendor. Seller finer agrees to hold the City of For Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, Inchworms, rules and requirements. Authoritarian. All parties to this contract agree thin the representatives are, in fact, bans fide and possess full and complete authority an bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the corms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by aferena. Any additional or diRercnl I. and conditions propound by sellerom objected to arm hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as named. Time is of the meme. Delivery and Performance must be eRected within the time stated on the purchax order and the documents attached hereto. No bats of the Purchazm including, without limitation, acceptance of partial lame deliveries, shall opemm as a waiver of this prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplwing this order elsewhere and holding the Seller liable for damages. However, the Seller dull ram be liable for damages as a «salt of delays due to oases not reamnably foremeable which am beyond its reasonable control and without its fault ofnegligeme, such acts of Gad, acts ofeivil or military anthoritice, govemmemal priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe lime when Ore Seller that received knowledge bern f. In be event of any such delay, the date of delivery 'hull be extended for be period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants bar all goods, articles. buterid, and work covered by this order will conform with applicable drawings, speeiBntiom, samples and/or o%cr descriptions given, will be fit for the purposes intended, and performed wib be highest degree of care and competence in accordance with accepted standards for work of a similar namm. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchase, may suffer or incur W account of the Sellers breach of oo manty. The Seller shall replace, ,.if or make good, without bast to the pumhaur, my defects or faults arising within one (1) year or within such longer period of time is may c prescribed by law or by the terms ofarry applicable warranty provided by be Seller after be dare of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or one of goods by the Purchaser shall not commune a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend to ell damages proximately caused by be breach of my ofthe foagolag warranties or gummacce, but such liability shall in no evert include lass ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may frolic changes to legal If. by women change oMe,. 5. CHANGES IN COMMERCIAL TERMS. The Purchnow mey make any changes m b< .the, than legal terms, including additions to or deletions from be quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an Muimble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change When, terminate this agmemcnt as to any or all portions of the goads then not shipped, subject to any winnable adjustment between the parties as to any work or matenats then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on be uncompleted portion of the goods action work, for incidental or emsocui tint timing., that no such adjustment be made in favor of be Seller with respect to my goods which art be Sellers standard stock. No such twouration shall relieve the Ri chaef or be. Seller ofany oftheir obligations m to my goods delivered hertuMer. T. CLAIMS FOR ADJUSTMENT. Any claim for windowed most be asserted within thirty (30) days from be dale be change or termination is ohcred 8. COMPLIANCE WITH LAW. The Seller warane that all goods sold hereander shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations in which the goods are subject- The Seller shall execute and deliver such documents as may be requived m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this clu add are hereby incorporated herein by this ¢Rance. The Seller agrees to indemnify and hold the Purchaser harmless from all corm and damages suffered by the Purchaser as a result of the Sellect failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. Wooster, or convey this order, or any mania due or to become due hereunder without the prior within content of the other parry. 10. TITLE. The Seller warrants full, clear and unasbined title to the Purchaser for all equipment, materials, and irons Permanent in performance of this agreement, five and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofobers. acquired order federal or state commit laws for such overcharges relating to the particular gaads or services purchased or zequired by the Purchaser panuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If live Purchaser directs the Seller in correct nonconforming or defective goods by a data to be agreed on by the Reminder and the Seller, and be Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by the most expeditious mores available to it, and the Seller shall pay all costs associated with each work. The Seller shall extent, the Purchaser end its contractors of any tier from all liability and claims of any nature resulting from the perforromm ofsmh work. This release shall apply even in the event of fault of negligence of be party released and shall extend to the directors, officers and employees of such parry. The Seller's conlacmal obligations, including warranty, shall not be deemed to ha reduced, in my way, because such work is perfomred or caused to be Performed by the Pumhwmn 14. PATENTS. Whenever the Seller is required to use my design, device, material or proem covered by team, patent, trademark or copyright. the Seller shall indemnify and save harmless the Pumhaser form 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 dory cast, expense or danmge which it may be obliged to pay by reason of such infringement at any time during the prosecution or after be completion of the work. In use said equipment, or any your thereof or the intended use of the goods, is in such suit held to comtimte regurgitated and the me of said equipment or pad is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser be right to continue using said equipment or pads, rtplvice be same with substantially equal but noninfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bahrmpt, make an assignment for be benefit of creditors, appoint a receiver or trustee for any ofthe Sellers properly or business, this order may forthwith be canceled by the Pumhemr without liability. 16. GOVERNING LAW. The definitudis of". used or the interpretation of the egretwerit and the rights of all parties hemondu shall be coustrom order and govemed by the laws ofthe State ofColondo, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises urethan. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work a, Seller's own Oak. ,it be same is Polly completed and accepted, and shall, in e of my accident, deshictma in injury to the work argue materials before Seller's final completion and acceptance, complete be work at Seller's own expense and to be satisfaction of the Purchaser. When materials and equipment We funuhed by others for installation or erection by the Seller, be Seller shall receive, unload, stare and handle same at be site and become responsible bcmfor as bough such materials assai agreement were being famished by the Seller under be order. Is. INSURANCE. The Seller shall, at his own expense, provide for the payment of work. o m amostion, including carmati... I disease benefits, to its employees employed on or in connection with be work covered by this purchase oheq an&., to their dependents in accordance with flue laws of the state in which the work is to be done. The Seller shall also carry carWoelmmive general liability including, but not limited to, contractual and automobile public liability histaminic with bodily injury and death limits of at least $300,000 for any ors person, $S00,000 for any crom accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such a mpemation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and immense have been provided. Such cenificale, shall specify be dale when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained unfit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mumes be entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided far in this purchase order or in connection hemwllh. Thn Seller will indemnify and hold hmmless the Purchaser and any r all of be Purchascn officers, agents aM employees from and against my and all claim. losses, demegv, charges or expenses, whether direct or indirect, and whether to pans or property to which be Purchaser may be put or subject by remain of any me, mtian, neglect, omission or default on be part ofthe Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against be Purchaser, or its officers, agents or employees at my time on account or by reason of my tit, action, neglect, omission or default of be Seller of any of has contractors or my of its or their effimrs, agents or employees as a[oressid, the Seller hereby agrees to or. be defense thereof end to defend the same st the Sellers own expense, to pay any and all costs, the,., muni fees and when expenses, any and all judgments that may be incurred by or obtained against be Purchaser or any of its or their otficen, agent or employees in such mils or other proceedings, aut in case judgment of other lien be placed upon or obtained against the propnty ofthe Purchaser, or said panics in or as Is nesu0 ofsuch suits In other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contract.. shall take all safety precautions, f ish and insist[ all guards necessary I., be prevention of accidents, comply with all laws and regulations with regard to safety including but without limitation, be (hempen mml Safety cod Health Act o11970 and all bales and ro Winans issued parsumt beat.. Revised 07n014