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HomeMy WebLinkAbout422501 EZ-LINER - PURCHASE ORDER - 9122289City of art Collins Date. 04/20/2012 Vendor: 422501 EZ-LINER PO BOX 140 1920 ALBANY PLACE SE ORANGE COUNTY Iowa 51041 PURCHASE ORDER PO Number Page 9122289 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/20/2012 Buyer: JAMES HUME Note: 2012A lease purchase Line Description Quantity UOM Unit Price Extended Ordered Price AL500-EZ paint striping body 1 LOT EA 220,570.00 per quote dated 2-15-12 Attn: Tom Schurr Dept: Traffic Deliver completed unit to: Fleet Main Shop, 835 Wood Street, Fort Collins, CO 80521 970-221-6613, Joe or Eric Body will be mounted on a Crane Carrier Crew Cab chassis on order from McCandless Trucks, Ron Wasinqer, 303-739-9900 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 Total Invoice Address: $220,570.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tem1s and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Trier exemptions. By statute the City of Fort Collin, is exempt from store and local tax ex. Our Exemption Nunther is 98-0,1502. Federal Excise Tax Exemption Cenificarc of Registry 94-l.000587 is registered with the Collector of Internal Revenue. Denver, Colorado Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goals Rejected. GOODS REJECTED due to failure to meet spec i fiea bons, either when shipped or due to defects of damage in Transit. may be returned to you for credit and arc ant to he replaced except upon receipt of written instructions farm the City of Pon Collins. Inspection. GOODS am subject In the City ofFort Collins inspection no arrival. 11. NONWAIVFR. Failure of the Parehaeer to insist upon strict performance of the terms and conditions hereof, failure or deov to exercise any rights or remedies provided herein or by Inv, failure In promptly notify the Seller in the event of a hrcach, the acceptance of or paynhcnnl for goods hcrcunder or approval of the design, shall not rclrnsc the Scllcr of any of The xsarmnlics or obligations of this purchase Order and shall not be devoted a ",river of any right of the purchaser to amid upon strict perurnimcc hercafor any of its rights or remedies cos Torre such goods, regardless of when shipped, received or accepted. as in any prior or subsequent default hereunder. not shall anv purported unit mortification or rescission of this pnrehexe Order by the Purchaser operate .as a waiver of any of the terms hereof. Final Acceptance Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aulhonzcd payment no the an of the City of Too Collins Hmscvcr, it is to be understand That FINAL Seller and the Purchaser recognize that in aclunl economic practice. avcrchnrgc, resulting farm unions, ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdtires. violations are in fact horn, by the Purchaser. Themlaram, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser anv and all claims it cony nmv have or hereafter Freight Terms, Shipments must he F.O.B., City of Fort Collins, 71R1 Word St.. Fort Collins, CO 90522, unless sequined under federal or stale antitrust lams for such overcharges relining to the parliealar goods or services Otherwise .specified oa this order. If permission is given n prepay freight and charge separately, the original freight p rml,ised or acquired by the Purchaser pursuant in this purchase orri hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SI'I,LERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in vt rin n pans of the country, shipment is If The Purchaser directs the Seller to correct oovermfoming or defcelice goods by a dot, to be agreed upon by the expected from The nearest distribution point to destination, and excess freight will be deducted from Invoice "hell Purchaser and The Scllcr, and the Seller thercaner indicates its inahility m unsvilla gfess to comply. the Purchaser shipments am made from greater distance. may muse the work to be perfomned by the most expeditious means available to il, and the Seller shall pav all costs essociacd with such work. Permits. Seller shall procure al sellers sale cost all necessary permit,, certificates and licenses monied by all applicable Imes. regulations. ordinances and mlcs of the state, municipality, terno ry or political subtlk ision where the work is performed, or required by any other duly constituted public authority having jurisdiction river the work of vendor. Seller further agrees to hold the City of Fun Collins movies, font and against all liability and loss incurred by them by reason of an azacncd or established %iodation army such laws, regulations, ordinances, rules and mquircotcnk. Authodmtion. All panics to This contract agree that the mprescnnlivcs arc, in fact. bona fide and possess full and complete authority to bind s'tid porlim. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional Terms and conditions annexed hereto or incriminated herein by reference. Any additional or different terms and conditions pmpn cd by seller are objected In and herchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive ran your Promised delivery date as noted. Time is of the essence. Delivery, and Performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofparlial late deliveries, shall alcove as a "aver of this provision. In the event of any delay. the Purchaser shall have, in addition to other Icefl and equitable remedies, the option ofpheing this order clsewlherc and holding the Seller liable for damages Thomsen. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its Rmlt of ncgligcncc, such acts of God, act, ofewil err military authorities, governmental priorities, fires strikes Rood, epidemics, wars or riots provided that notice of the conditions causing such dclav is given to the Purchaser within five (5) days of the time "hen the Seller For merited knmsicdge thereof. In the event of any such ri 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 goals, articles, materials and work covered by this order will conform with applicable drawings speeificiaow. samples and/or other descriptions given. swill be fit for The pmpnses intended, and perfnmad with The highest degree of care and competence in accordance with accepted sta nAurds ITT work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of mammy. The Scllcr slmll replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or xvithin such longer period of time as may be prescribed by lase orby the terms nfany applicable warranty provided by the Seller riper the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect car dcfwivc work done car macrinls fumished by the Seller. Acceptance or use of Eonds by the Purchaser shall not constitute a waiver nfany claim minder this watiall Except fs otherwise provided in this Purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crime Of the foregoing wamatics or guarantees, but such liability shall in no event include loss afpmfiLs or loss 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. CI IA NG ES IN COM M Ii RCIAL TERMS. The Purchaser may make any changes to the tent, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal car.f change Order. If:my such change affects the amount due or the time ofpafomancc hcrcunder. an equitable adjustment shall be mode. fi. TERMINATIONS. The Purchaser may at any time by written change order, wrinarac this agreement as to any or all portions of the goods then not shipped. subject to any equitable adjustment between the panics as to any work or matcrinls then in progress provided that The Purchaser shall not he liable for any claims for anticipated profits on file uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjuslnucnf be made in favor of the Seller with respect in tiny goods which arc the Scllcrs standard .track. No such munininion shall relieve Tic Purchaser or the Seller ofnny often obligations as none goods delivered h mouther. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin, (30) days fmm the date the change or lemanafino is onicad. S. COMPLIANCE WITH LAW. The Seller svamnt, that all good, sold hereunder shall have been ptrnfuecd. sold. delivered and furnished in strict compliance with all applicable laws and regulation, to which the goods are subject. The Seller shill execute and deliver such documents ns may be required to effect or evidence compliance All Imes and regulatinns required to be incorporated in agreements of this character arc hereby incorpnratod herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered be the Pnrchascr ns a result of the Scllcrs failm, to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or In become due hereunder without the prior written consent of the other piny. 10. TITLE. The Seller warrants full. clear and unresnided title to the Purchaser for all equipment. materials. and items furnished in performance of this agreement free and clear of any and all liens, restrictions reseryalions. security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of am, tier from all liability and claim, of anv notate resulting from the perfomano, of such work. This rcicasc shall apply even in the event of fault of ncgligcncc of the party mleneal and shall extend to the direclum ntl-¢ers rand mnpl,yees ofsach party. The Scllm's mntractnal obligatiovs, inchuling'rurally, shall ram he deemed to he reduced, in any way, because such mark is performed or caused to be perfumed by'the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by Lena. patent, irrational, or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design. device. material or process in connection xrith the contract, and shall indemnify the Purchaser for any cost, expense car damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the is nrk. ]it case said equipment, or anv part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment car part is enjoined, the Seller shall, of its oxen expense and at its option, either procure for the Purchaser it,, right to continue icing said equipment or pins, rgdaeC the some with substantially equal hilt anninfringing equipn¢nl, ormrdify it so it becomes anninfringinr. 15. INSOLVENCY. If The Seller shall b¢Onne insolvent or banknpt make an assicall for the benefit of coeditors. appoint a receiver or tmatee for any of the Sellers prhperty or business, this order may forthwith be canceled by the Purchaser without linhility. 16, GOVERNING LAW. The definilinn, of lams t,,d or the imcrommlion oftlrc agreement and the rights ofall panics hereunder shall be eonstned under and governed by the laws of The Stine Of Colomdo, USA. The following Additional Condilihns apply only in cases where the Seller is to perform work hcrcunder, including the .services of Sellers Rep rwortative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's men risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance. complete the work at Sclla, mvn expense and to the satisfaction of the Purchaser. When materials ,and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive afford. store and lumolc same at the site and becmne responsible therefor as though such materials and/or equipment were being furnished by the Seller under The order. I R. INSURANCE The Scllcr shall, at his own expense, provide for the payment of work I. rnnpensation, including occupmioal dipefse benefits. to its enldriyeas empinyed ran or in connection with the work covered by this purchase orlcr. and/or In their dependents in accoolmtce with the lases of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, bill not limited in. contrnetud and automobile public liability in s with boviv injury and death lima¢ ofin least Sl0odm0 for any one person. S500.000 for any one accidentm and ppeny damage limit per accident of S400.000. The Seller shall likewise require his convectors. if any, to provide for such compensation and insurance. Before any of the Sellers or his carnations employees shall do anv work upon the prtain es ofmhcrs, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until offer the entire work is completed and accepted. 19. PROTECT ION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrcby f,6am.O, the entire responsibility and linhility for any and .all driftage, loss or injury nfany kind or nature xahat,mvcr to persons or properly caused by or resulting from the cxceotinn Oftle work provided for in this purchase outer or in connection hcawith. l'Ie Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, recurs and comloyces from and against any and all claims losses, damages, charges or expenses, whether direct or indirect, and whether to persons rr property in which the Purchaser cony be pm or subject by reason of any act. action, neglect, omission or default no the pan Of the Seller, any of his contractors. or any of the Scllcrs or contractors officers, agents or employees. In ease any suit or other proccedings shall be brought fgainst the Purchaser, or its officers, areas or employees of any time on account or by reason cal' any act. action, neglcel, aniosion or default of the Seller ofnny of his contractors or any of its car Their oil' , agents or employees as aforesaid, lac Seller herchy agrees to assume the defense Thereof and to defend the sane at The Sellers own expense, to pay any and all costs, charges, mlomcys Ices and other expenses, any and all judgments that niay be incurred by or obtained against The Pnrchascr or nmv of its IT their officers, agents or employees in such snits or other proceedings, and in ease pnrmcat or other lien be placed upon or ,brained against the property of the Purchaser. or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othcncise. The SCller and his contractors shall take all safer) prcauli irs, furnish and install all guards accessary for the prevention of accidents, comply with all bases and regulations with regard to safety including, but Without limitation, ncc Occupational Safety and Hcalth Act of 1970 nod all rates and regulations isneA pnrsurnt thereto. Rcviscd 0312010