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HomeMy WebLinkAbout540276 SUPERIOR MFG & ENGINEERING CORP - PURCHASE ORDER - 9145165PO PURCHASE ORDER 914516er Page C117/ of PURCHASE 9145165 t of 2 Flirt ( oltinC This number must appear !-\V`I ` V ' 1�7 on all invoices, packing sli s and labels. Date: 09/09/2014 Vendor: 540276 SUPERIOR MFG & ENGINEERING CORP 10001 BRIGHTON RD HENDERSON CO 80640 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 09/08/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 10,000 GVW TRAILER 1 LOT LS 8,572.00 w/ Water Tank, TIE DOWNS, RAMP, ETC... Reference attached quotation for model 2PT6M per Mike Haley saftey breakaway system - THe Engager - BA10-150 preferred Dept: Streets Contact: Eric or Greg 970-221-6613 "* Please call 24 hours prior to available delivery " Ref. Delivery location: Fleet Services Shop 906 W. Vine 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.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 nd Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the Ciry of Fort Collins is exempt from shift and local It Our Exemption Number is 98-04502. Federal Exasm Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denvea Colorado (RcL Colorado Revised Sutures 1973. Chapter 3946, 114 (a). Goad Reje ted. GOODS REJECTED due to failure to at specifications. differ when shipped or due. defects of damage in transit, may be rehuned to you for credit and are not to be replace) except upon receipt of whom instructions from the City of Fort Collins. Inspection. GOODS we subject the City ofFort Collins inspection on arrival. Final Acceptance. Racipt of the merchandise, sate or equipment in response to this order canresult in financed payment on the prat of the City of FortCollins. However, d is to be understood thatFINAL ACCEPTANCE is dependent upon completion craft applicable required inspection procedures. Freight Tare. Shipments most be F.O.B., City of Fail Collins, 700 Wood St., pun Collins, CO 90522, unless otherwise specified on this order. Ifpermission is given to prepay fright and dmrge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have douibuting points in us pans of the country, shipment is expected Tom the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sure, municipality, mrrimry or political suhdivision where the work is performed, or required by any other duly constimed public authority having jurisdiction over the work of vendor. Seiler further agrees to hold fire City of Fort Collins harmless from and against all liability and Into Incurred by them by reason of an asserted or established violation of any such laws, m minions, ordinances, tales and respniernmes. Anrhoriantion. All parties to this contract agree that the depresenutiv. are, in fact. bona fide and possess fall and complete atnhmty ro bind said panics. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the temp and conditions sound herein set forth and my supplementary or additional terms and conditions annexed bacto or incarpomted herein by reference. Any additional or different lama and reodloons proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m order on your promised delivery dote as noted Time is of the .servo. Delivery and pert manse must be effected within the time mnW on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance of pnnial late deliveries, shall Wants as a waiver of this provision. In the event alum, delay, the Purchaser shall have, in addition to other legal and equitable rnnedi s, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nut be liable for damages m a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Did, acts of civil or military authorities, govemmmul priorities, fires, strikes, Road, epidemics, wan or riots provided that ounce of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received kaowledge thetmL In the event of any such delay, the date of delivery shall be extended for the period equal to the rime acemlly two by reason ofthe delay. 3. WARRANTY. The Sella warrants that all goods, anicla, materiak and work revered by this order will ronfom with applicable drawings, specifications, samples and/or other descriptions given, will be fat for the purposes intended, and performed with the highest degree of care and comPemram in accordance with accepted standard for work of a imilar torture. The Sella agrees ro hold the p.h., bwmleas from coy loss, damage or expense which the Purchase may su@r or incur an tam., of the Sellers breach ofwa 1y. The Sell, shall replace. repair or make goat without cost to the purchase, any defects or faults mdsing within one (1) year or within such longer period of time ns may be prescnbcd by law or by the terns of my applicable warranty provided by the Seller after the date of ecephome of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting form impM m or defective work dune or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of any claim under this wormnly. Except as otherwise provided in this pmcham order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits 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 ,o legal terms by "men change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hems, ocher than legal terms, including addfions oil or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change alTect the amount due or the time ofperfomanre hereunder, an equitable adjustment shall be at 6. TERMINATIONS. The Purchaser may at any time by written change odd, amount this agreement as to any or all portions of the goods risen act shipped, subject to any equitable adjustment between the Faris as to any work or mammals then in progmas provided that the Purchaser shall not be, liable fat any claims fro anticipated profits ton the unmmplemed pracitm of the goal+mNve work, for incidenol or consequential dmages, and ohm no such adjustment be made lu favor of the Sella with repair m any goods which are the Sellers sundvd stock. No such reminexaian dull relieve the Purchaser or the Seller army oftheir obligations to to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said hereunder shall have been produced, sold, delivered and furnished in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to No incorporated in agreement of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser handess from all cast and damages suffered by the Purchaser n a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign mnsfa, or convey this order, or any monies due or to became due herenada without the prior whom consenl afthc other parry. 10. TITLE. The Seller wamnts full, clam and rumNs aW tide ro the Purchnn for all antipodal. mammals, and it. famished I. perfosmance of this agrtcomer f and clear of any and all liens, rdaieicas, reurvai.e., aecunry imemt encumbrmces and claims creditors. I I. NONWAIVER. Failure of the Purchaser . insist upon said perfomsame of the teri and renditions hereof, failure or delay to exercise any rights or remedies provided herein or by how, failure to promptly notify roe Seiler in the event of a breach, the acceptance nce ofer payment fro goods hereunder or approval ofthe design, shall not release the Sella of any of the wmfnties or obligations of this purchase order and shall not be demmed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights in remedies as to any such goods, regardless of when shipped, received or twarmed, as to any prior or subsequent defaulr hereunder, nor shall say emporml anal modification or mcissum of this purchase order by the product, operate as is waiver of any of the tarns hat of. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recopeor that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purch.a. Theretoforenfotr good cause and as consideration for executing this purchase ode, the Seller hereby assigns to due Purchaser any and all claims it may now have or hereafter acquired under federal or state maintain laws for such overcharges relating to the particular goods or services purchased or acquired by the Pocbuser pursuant to this purchase order. 13. PURCI IAS ERS PERFORMANCE OF SELLERS OBLIGATIONS. If Purchaser directs the Seller to correct nonconforming or defective goods by a dte to be agreed upon by the Purchaser and the Seller, and he Seller thereafter indicates its inability or unwillingness to damply, the Pardoner may cause the work to be performed by the most expeditious means available to it, and the Seiler shall pay all cosh associated with such work. The Seller shall release the Purcluser and its contractors of any tier tram all liability and claims of any nature resulting from the performance ofsuch work. This release snail apply even in the event of full of negligence of the Party released and than extend to the directors, officers and employed ofauch party. The Sellers contractual obligations. including wamnly, shall act be deemed to be reduced, in any way, harrow such work is performed or caused ro h performed by the Purcham. 14. PATENTS. Whenever the Seller t required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnity and save hormless the Purchuer from any and all claims for infringement by reason of the use of such patenmd ddlgm, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reawn of inch infringement m any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit had to constitute infringement and the use of said equipment or pan is admired the Seller shall, at its own expense and at its option, either procure for the Purchaser the right m continue using said equipment or parts, replace the same with substantially equal but nuninfringing equipment, or mWiry it so it becomes conlaGmeging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the broad of condition, appoint a re -weir m austee far any of the Sellers property or business, this oiler may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemo usnd or the inreryrnaio r ofthe agreement and the rights of all parties hereunder shall be conswed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereaMer. including the servicesof Sellers Repremrchowds), an the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until rue same is fully completed and accepted, and shall, a. se of any aecident, destruction or injury to the work aador mammals before Sellers finial completion and ccepmnce, complete the weak at Sellers awn expense and 10 the satisfaction of he Purchaser. When materials and equipment art famished by others for instillation or erection by the Sella, the Seller shall receive, unload, store and handle aame at the site and beau., responsible therefor as though such materials robin equipment were being furnished by the Seller under the ,We,. ., 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, ardor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including. bur not limited to, contractual and automobile public liability insurance with readily injury and death limits of to least ION.Plp for any one person, S500,000 for any one accident and primary damage limit per accident of S400,000. The Sella shall likewise require his confusion. irony, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors cmployces shall do any work upon the premises of others, the Seller shall famish the Purehera with a carfare that such compensation am fnsunamce term been provided. Such arifcard shall specify he date whin such compensation and insurance have been provided. Such certificates shall specify the date when such commentaries aW insurance expires . The Seller agrees that such mmpeasatem aM insurance shall be mainaimd until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby.hied the entire responsibility aad liability for any ad hill damage, loss or injury of any kind or nature whatsoever to persons or primarily caused by or resulting form the execution of the work provided for in this purchase order or in connection hereavith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oficim. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or insider, and whether to persons or pmpery to which the Purchaser may be put an subject by reason of any so, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employed. In case any snit or other proceedings shall be brought against the Purchase, or its affii agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sell, of any of his contractors or any of in or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees cad other expenses, any and all judgments that nay be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other procar ims, and in eau judgment or other lien be placed upon or aboined against the property of the Purchaser, or said parties in or in a adult of such suits or other proceeding, the Sella will at are cause the same to be dissolved and discharged by giving Food or at oun ise. The Sella and his ronmdors shall take all safely pmmtions, famish and install all guards recesvry for the prevention of accidents, comply with all laws cad regulators. will regal . safety including. but without Indication, the Occupiumnol Safety and Health Act of 1970 and all rules and regulations issued ptusnmr t udem, Rddud 07Q014