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HomeMy WebLinkAbout441491 ALPINE DEMOLITION & RECYCLING LLC - PURCHASE ORDER - 9145002 (2)Fort Collins Date: 1110412014 PURCHASE ORDER Vendor: 441491 ALPINE DEMOLITION & RECYCLING LLC 5709 W 56TH AVE SUITE C ARVADA CO 80003 PO Number Page 9145002 1of2 This number must appear on all invoices, packing sli s 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 3 Change Order 1 n P i�:1�.I'd 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:pumhasing@fcgov.com 1 LOT EA Total Pay terms net 30 days Invoice Address: 1,000.00 w City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEfA1LS. Tax exemptions. By statute the Ciry of Fan Collins is exempt from site and local toes. Our Exemption Number is 11. NONWAIVER. 98-1 Federal Excise Tax Exemption Certificate of Registry 84-60NS87 is wovered wilt the Collector of Failure ofthe Purchaer to insist upon shim performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or rernedim provided herein or by law, failure in promptly notify the Seller in the event of a breach, the acceptance of or payment far goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this pamhase aide, and shall not be deemed a waiver of any eight of the damage in transit, maybe rammed .you for credit and ere not to be replaced except upon receipt of wdrer, purchaser to insist upon strict performance hereofor any of its rights or remedies ns to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereurtdo, nor shall any pmponed am[ modification or rescission of this purchase order by Ne Purchaser operate as a waiver of any of the terms hsspcction. GOODS are subject to no City of Fat Collins inspection an missal. hereof. Final Acceptance. Receipt of the mentoudise, wasices or equipment in response to this order can result in I2.ASSIGNMENT OFANTITRUST CLAIMS - malmriaed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual crommorde practice, overcharges resulting lions mrmmt ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations ore in fact home by the Purchaser. Theretofore, for good cause and m consideration for executing this purchase order, the Sella hereby assigrs to the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipmen6 must be P.O.B., Ciry of Fort Collins, 700 Wood St, Fiat Collins, CO 80523, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this cover, if permission is given on prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursmnt to this purchase order. bil I must accompany invoice. Additional charges for packing will not be accepted. I3.PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. Shipmentpaints in vantss Wne thecoumry, e.Whert manution base lime, a by no Iflhe Pumhaurdirenssthe Shctt tocorfeanoerin ingor dabilit egoodbygda. to tic aimed voice when ,eras. distribution point to destination, end excess freight will be deducted from Invoice when air. no a de expected form cmitupon to comply, the antal, to and the Sallee and Ne Seller thereafter indicates its iva. an shipments are made from gaiter distance. mayPourchawrierr it, shall may muse Ne work to ch porfo,med by the most expeditious means available b it and the Sella shall pay all ul lay 11 costs associated with such cosh. Permits. Seller shall procure at sellers sole cast all naessury pmons, certificates end licasss required by all applicable laws, regulations, ordinances and tales of the state. municipality, territory, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction oven the work of vendor. Seller Pother agrees to hold the City of Fort Collins harmleca from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales and requirements, Amborimtion. All ponies to this contract agree that the maxsenUtives are, in fact, bane fide and possess full and complete authority Ins bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits mc,.. the tenor and cauddim, stated herein an forth and my supplementary or additional terms and conditions amexed hereto or invorpamted herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inamedimely if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No sets of the Purchasers including, without limitation, acceprow, officinal late deliveries, shall agenda as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remakes, the option ofplacing this order elsewhere and holding she Seller liable for damages. However, de Sella shall not In liable for damages as a resold of delays due to muses not wasombly foreseeable which are beyond its reasonable control and without its fault ofnegligmce, such grant of God, acts of civil or military audimides, governmental prionries, Gres, ill Bond, apidemim, wars or riots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm(. In the event of any such delay, the date of delivery shall M extended for the period alual m the time actually last by reason offs, delay. 3. WARRANTY. The Seller warrants that all gold, asides, materials and work covered by this order will conform with applicable drawings, specifications, sampls and/or other descriptions given, will be fit for the purposes intended, and Performed wild the highest degree of ire and competence in accordance with accepted standards for work of a similar nature. The Seller agrees as hold the purchaser harmless form soy loss, damage or expense which Ore Purchaser may suffer or incur on amount of the Sellers breach ofwaraay. The Sella shall replace, repair or make good, without cost in the purchaser, my defects or faults snsing within one (1) year or wihin such longer pound of time as may be prescribed by law or by the tams of any applicable warranty pmvidcd by the Seller other the date of acceptance of the goods famished hereunder (acceptance not Io be unreasonably delayed), resulting form imperf t or defensive work done or materials famished by the Seller. Acceptance or use of funds by the Purchaser shall not msdone a waiver of any dui. under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proxirm ely caused by the breach of any of the foregoing warranties or go trantas, but such liability shall in no event include loss ofpmflts or lass of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other than legul terra, including addilions to or deletions from the ..amities consul, ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpnformance hereunder, an equitable sdimmunt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change aNer, terminate this agreement in to any or all portions of the goods then not shipped, subject to my equitable adjustment between the parties ns many wok or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated proem on the uncompleted panion of the goods and/or wok, for incidental or managerial damages, and that an such isEco meet be made in favor of the Seller wiN reepcct to any goods which are no Sellers smrdand stack. No such ¢rmination zball relieve the Purchaser err the Seller orally of their obligations as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or larninmi in is ordered. S. COMPLIANCE WITH LAW. The Seller waerdnts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may b, rec Bred to effect or evidence compliance. All laws and regulations required to be incorporated m agreements of this character are hereby imor,mated herein by this reference. The Seller agrees as indemnify and hold no Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or m became due hereunder without the prior winners consent ofthe other parry. 10, TITLE. The Sella want full, clear and Illlresnicted rare to der Purhvsir for all equipmmr, tretenals, and iterm fumuhed in pMormance of this agreement, fa and dear of any and all liens, restrictions, rsenations, security moment mcumbrances and claims oforhers. The Seller shall release the Purchaser and its contractors of any tiff from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, afters and employees of such party. The Sellers communal obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purclown , 14. PATENTS. Whenever the Sella is raluird to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fiom any and all claims for infringement by reason of the use of such palmled design, device, material or process in connection with the comrmL and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged Io pay by reason of such inl'ringemenl at any time during the prosecution or after the completion of the work. In case said equipment, or ashy part thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, . its awn expense and at its option, either procure for the Purchaser the right A continue using said equipment or was, nephrite the same with substantially egml but noninfnging equlpmend, or modify it u it b.on¢s noonfnging. 15. INSOLVENCY. If the Seller shall become insolvent or baMrvpt, make an assignment for the bmefil of creditors, appoint a receiver or hmtee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all panics hereunder shall be consumer maker and governed by the laws ofthe State ofColomda, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the service of Sellers Representative(s). on the premixes ofotheri. li. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to Joe work andor materials before Seller's fund completion and acceptance, complete the work at Sellers own expense and In the satisfaction of the Purchase'. When =serials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor in though such materials mdlor escarpment were being fumishN by die Seller voile, the order. 18, INSURANCE. The Seller shall, at his Own expense, pmadde for the payment officialism compensation, including analogical disease benefits, to its employes employed can or in connection with the work contacted by this purchase order, .a&., to then calamitous in accordance with the laws of the state in which the wok is to be done. The Seller shall also carry comprehensive general liability including, but no, limited m, cotnmnsual and automobile public liability mormace xub wa fly injury and dea,h limits of. limit E3W,OW for any one person, S5uplown for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if ang to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate pot such ompemation and announce have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrcm that such compensation and iraumnce shall be maintained until into, the entire wok is completed and mcep,ed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the an. responsibility end liability for any and all damage, lass or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser rimy be pm or subject by reason of any not, action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors afters, agents or employees. In case any suit or other Proceedings shall be brought against the Pmchas., or its officers, agents or employees at any time on mroant or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their otters, agents .employ., . aforesaid. the Seller hereby agrees as assume the defense thereof and to defend the same at the Sellers own a.,., an pay is, and all costs, charges, attortleys fees and aNer expenses, my and all judgm rids that may M incurred by or obtained against the Purchaser or any of its or Neh officers, agents or employees in such suits or other proceedings, and in case judgment or other lien M placed upon or obtained aga,., the property of the Purchase, or said parries in or as a result of such suits or aNer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall sake all safety precautions, famish and install all guard n.essm, for the prevention of occidena, comply with all laws and regulations with regard to safety includm& but without limitation, the Ocapational Safety and Hart Act of 1970 and all tales and wgulatons issued pursumd Nercw. Revised 07n014