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HomeMy WebLinkAbout503193 STREAMLINE CRANE SERVICE LLC - PURCHASE ORDER - 3215061PO PURCHASE ORDER 3215061 Page C117/ of PURCHASE 15061 t of 2 ' `t Collinsr his number must appear ` V 1'�7 on all invoices, packing sli s and labels. Date: 01/06/2015 Vendor: 503193 STREAMLINE CRANE SERVICE LLC 3622 HYACINTH ST WELLINGTON CO 80549 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/05/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Annual 1 LOT LS 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.mm 15,000.00 Total $15,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tends and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemption. By statute the City of FortCollins is exempt fmm state and local taxes. Our Exemption Number is 11. NON WAIVER. 98- 502. Federal Excise Tar Exemption Cmificate of Registry 8G-6000587 is ,am,, with We Collector of Failure of the Prodders in insist upon stria performance of the tarots arW condition Iretrof, failure or delay to Imemal Revenue, David, Colorado (Ref. Colorado Revised Stamens 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failum to promptly aotify the Seller in the event of a breach. the acttp. of or payment for goods herewder or approval of the design, shall not ml. the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wart or obligations of this purchase order and shall na be, deemed a waiver of any tight of me damage in transit, may be returned to you for credit and aft act to be, replaced except upon receipt of written pachmer to insist upon strlcl performance hereof or any of is rights or mnedies n to any such good, reprdleas instruction farm ate City or Foa Collins. ofwhm shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my par am ed oral modification of aeuission of this purchase order by the Purchaser apemu as a waiver of my offer, terms Inspection. GOODS are subject o the City ofFort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, sarvica or equipment in rtsponse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. rumodmd payment nos the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in arms) economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent no completion oFall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as considemtinn for executing this purchase onkr, the Seller hereby assigns to the Purchaser any and all claims a may now have or hereafter Freight Tends. Shipments most be FOR., City of Tom Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such Overcharges relating in the particular good or services otherwise speci fed on this order, If permission is given to prepay freight mod charge separately, the dogiml freight purchased of acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactafers have distributing points in vidaus pans of the. —a,, shipment is If the Purchaser detects the Seller,. corded nonconforming or defemive Radix by.&to m be agreed upon by the expected from the normal distribution point m destiadon, and excess freight will be, distanced fmm Invoice when Purchaser and the Seller, and the Sella marauder indicates its imbild, or unwillingness to comply, the Purchaser shipments are made f oat greater distance- may cause the work to be performed by the most expedition metes available to it, and the Seller shall pay all cats asmci.,M with such work. Panic. Seller shall procure al callers to cast all necessary Permits, etttifmtes and licenses rryuirM by all applicable taws, eegulaaions, aallinan. and roles of the shim, mwicipsla , tenlmry or political subdivision where the work is pert A or required by any other duly constituted public audit bavingjunediction over rate work of candor. Seller fuller agrees to hold the City of Fort Collins harmless fmm and against all Iiabiliry and loss incurred by them by crown of an assured or esaablisMd violation of any such laws, regulations, ammonia, mlcs and ra,maemens. Authorization. All patties to this contact agree that the representatives ere, in fact, bona fide and possess full and complete authority to bind said pmtics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me terms and conditions stated herein set forth and any supplementary or additional moots and conditions annexed hereto or incorporated here]. by reference. Any additional or different tomes and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immMiady if you cannot make complete shipment to amve on your Promised delivery data as noted. Time is of the essence. Delivery and performance muse be afraid within the time stmed on the purchase order and the documents aniched Jarman. No ands of the Purchasers including, without limitation, acceptance affords] late delivmes, shall operate in a waiver of this provision In the event crony delay, the Purchaser shall 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 m a dealt of delays due to comes not masocubly foreseeable which on, beyond its reasonable central and without is fault of negligence, such acts of God, sas of civil or military amhorifcs, govecnmenedl Families, fires, stares, fond, epidemics, wars or riots provided that major of the condition causing such delay is given an the Purchaser within five (5) days of me time when the Seller fast received knowledge thereof. In dee, event of my such delay, she date of delivery shall b, extended far ate period egval m the aim. actually loser by armon oftho delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will conform what applicable drawings, spacificmion, samples tndo, omer descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and compmence in accordance with accepted standard for work Of a similar nature. The Seller agrees to hold the purchaser handless from any load, damage or expense which ate Purchaser may suffixor incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any detects or faults arising within one (1) yar m within such longer period of time as may be prescribed by law or by the to. of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreaunably delayed), resulting from imperfect or defcemive work done tar materials famished by me Seller. Acceptance or tau of good by an Purchaser shall oat constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, me Sellers liability hereunder shall extend in all damages proximately aimed by the breach of any of me foregoing wamntia or guanda. , but such liability shall in no event include tau of profits or lose of use. 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. 5. CHANGES IN COMMERCIAL TERMS. The Footman may make any changes to me moos, omer than legal tense, including additions to or deletions fmm tar quantities originally ordered in the Specifications or drawings, by smand or winners change order. If any such change aRecs the amount due or are time ofpedonuance hereunder, an equitable adjntmem shall he made. 6. TERMINATIONS. The Purchaser may it any time by written change order, terminate this agtamem ss on any or .11 poair. of the goods then not shipped, subject to any equitable adjasment between the panic, as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on ate —completed portion of the goods andlor work, for incidental or consequential damages and thin no such adjustment be made in w favor of the Seller im respect to mgoods which are me Sellers standard stock. No such andinstian shall relieve the Purchaser or the Seller of any oftheir obligations as to any gaols delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he averted within marry, (30) days from the date are change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations an which she goods are subject. The Seller shall execute and deliver such documents n may be, "cir d to effect or evidence compliance. All laws and regulation "uidM to be incorporated in apart of this character on, hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hatless farm all costs and datmges suffered by the Purchaser n a result of the Sellers fail. ua comply with such law. 9. ASSIGNMENT. Neither party shall assign, nansfd, err convey this Her or any monies due or to broom, due hereunder widiom me prior wrinm c.cut of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to me Purchases for all equipment, materials, and items famished in performance of 'his agreement, fee and clear of any and all liens, madiftionrs, reservations, saurity interest encumbrances and claims ofothers. The Seller shall marine the Purchases and its contmetars of my tier fmm all liability and claims of any made resulting farm the performance fsuch work. This release shall apply even in the event of fault of negligence of tk perry radiation] and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not he deemod to be reduced, in any way, because such work is performed or caused la be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to tau any design, device, material or process covered by liner, patent, trademark or copyrighl, the Seller shall indemnify and save harmless the Purchaser tom 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 cost, -,.,a or damage which it may be abligod 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 part thereof or the intended tau of the goods, is in such suit held to cautimm 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 fight to continue Wing said equipment or Was, replace the same with substantially equal but noninGmging equipment, or modify it act it becomes noninfnnging. 15.INSOLVENCY. If the Seller shall become insolvent or handicaps, fake an insigmcem fro the benefit of crediors, appoint a moreover or rantee for any of the Sellers propeay, or banners, this order may forthwith be conceded by the Purchaser without liability. 16. GOVERNING LAW. The def ninon of terms used or the incorporation of the agreement and the rights of all parties hereunder shall be construed under and s.. mail by the Uws of the State ofcolomdo, USA. The following Additional Condition apply only in cases where the Sella is to perform work hereunder. deluding the services of Sellers Ramsenutive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall and, 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 the work and/or materials before Sellers final completion and acceptance, complete me work at Sellers own expense and to the satisfaction of fie Purchaser. When materials and equipmrnt arc furnshed by ohers for inaallmion or erection by the Seller, me Seller shall receive, wload, some and handle sane at the site and become responsible mrrefr as Omagh such materials mWon equipment were being famished by the Seller under the order. 18. INSURANCE. The Sailer dull, set has own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed an car in cormtttion with the work covered by this pumhou oades, adror to their dependeas in accordance with me laws of am sane in which me work is an be done. The Seller shall also any comprehensive period liability including. but not limited to, contractual and auonobile public liability insurance wim bodily injury and death limits of at lent SIM," for any one person, S50gOW for my one accident and Minority damage limit per accident of 5400,000. The Seller shall likewise require his anmmdors, if any, a provide for such ampenmtion and insamme. Before my of me Sellers or his commod as employees shall do my work upon ate premises of others, the Seller shall famish the Purchases wim a certificate that such compensation and insurance have been provided. Such ceaificma shall specify the dad when such compensation and insurance have been provided. Such certificates shut] specify the date when such compensation odd insurance expires. The Seller agrees Out such compensation and insurance shall be maintained wail alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Seller hemby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatandmr to persons or property caused by or resulting from the execution off, work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlws me Purchaser and any r all of the Patrolman, officers, agent, and employees food and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to famous or property to which are Purchaser may he par or subjecl by reason of any act, action, neglect, omission ad default on me pan of me Seller, any of his command, or any of to Sellers or contractors officers, agents or employees. In eau any suit or omer proceedings shall he brought against me Purchases, or its officers, agents or employees m my time on woman at by reason of any ad, no., ne deer, omission or default of On, Seller of any of his commcams car any of its or their .firers. egens or employees as stational, the Seller herby agrees to assume the defense tharaf and o defend me same at the Sellers own expense, to pay my and all coats, charges, attorneys fees and other expenses, my and all judgmrns that may b, ircttfical by or criminal against the Purchaser or any of is or their officers, agens or employees in such suits or other proceedings, and in t'au judgment or other lien be placed upon or Obtained against the property trfine Farmhouses, or said parties in or m a art .It ofsuch suis or omer pmreedings, fie Seller will at once arse me some to be dissolved and discharged by giving bond or othervdse. The Seller and his contractors shall take all safety precautions, famish and install all gmrd necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereat. Revised 07a014