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Home My WebLink About220792 UPHAM UNLIMITED - PURCHASE ORDER - 9142059PURCHASE ORDER PO Number Page City, of///��OI I9142059 + of 2 ' `t Collins This number must appear " 1 1 on all invoices, packing sli s and labels. Date: 04/11/2014 Vendor: 220792 UPHAM UNLIMITED dba FLASH WELDING 207 E VINE DR FORT COLLINS CO 80524 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 04/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Invoice 6355 Tailgate Storage 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 1 LOT LS 13,400.00 Total $13,400.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins n exempt f state aM local taxes. Our Exemption Number is 98-0 502. Federal Excise Tax Exemption Cmificate of Registry g4-6000582 is m,isterd with the Collator of heremal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods BcycouL GOODS REJECTED due to failure as most spenfcaliatss, either when shipped or due to defers of damage in mamit, may b, reamed to you for credit and are not to be a,lacr l except upon receipt of wrium instructions form the City of Pon Collies. Inspection. GOODS art subject to the City of Fort Collins impation on arrival. Final Acceptance. Receipt of the merehmdim, services or equipment in respam r to this order can result in authotimd payment oa the pan of the City of Fort Collins. However, it is ra b, understand that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Ease, Shipments must be F.O.B., City of Fan Collins, VW Wood St., Fort Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be acceptN. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipmem is expected from Re nearest distribution point to destination, and excess freight will be deducted form Invoice when shipments are made from greater distance. Pemrits. Seller shall procure at sellers sale cost all necessary permis, certificates and licenses required by all applicable laws, rtgulmime. ordinances and rules urns, state, municipality, temmry or political subdivision where the work is performed, or required by any other duly wrsstimm l public authority havingjunsdiction over the work of vendor. Seller further agrees to hold the City of Fog Collins harmless from and against all liability and loss htmrred by them by reason of an asserted or esabliahed violation of any such laws, regulations, ordamos s, rules and requirements. II. NONWAIVER. Failure of the Pumhuer to imisl upon strict performance of the terms and conditions hereof, failure or delay to examise any rights or remedies provided herein or by law, failure to pman'tty notify the Seller in the event of a bunch, the acceptance ofor payment for guests hertlutder or arrows] ofthe fission, shall not release the Seller of my of the companies or Obligations of this purchase order and shall rat be deemed a waiver of any sight of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received cr accepted, res to my prior Or interrupts, default hereunder, nor shall any purpnmed awl mudifiatien or rescission of this purchase order by Be Forename apeate as a waive of any of the isms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Fashioner r.ogui¢e that in actual « uric practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theremforeafar good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hamper acquired Order federal or state antitrust laws for such overcharges relating to rare particular goods or services purchased or acquired by the Purchaser pursmnt to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconfonaing or defective goods by a date in be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall gay all costs associated with such work. The Sella shall release the Patehmer and its contractors of my tier form all liability and claims of any ware resulting from the performance of such work. This release shall apply even in the event of fault of negligence of foe perry released am shall extend to the directors, officers and employees ofsuch party. Amhori ration. All Fortes to this contract agree that the representatives ore, in face, brow tide and possess full arm The Sellals contractual obligations, including commit, shall rat be domed to be reduced, in any way, because complete maturity to bind said parties. such work e, performed or caused to he performed by the purchases. LIMITATION OF TERMS. This Prrthssc Order expressly limits arrago m m the It. and conditions sated herein set forth and any a ... Ro mmry or addition tams and mnditiou mmexed hereto or incorporated herein by ,entrance. Any additional or different temp and condifinna mposed by seller ere Objected or aM hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely tryout cannot make complete shipment to arrive on your promised delivery date as noted Time Is of the c umm. Delivery and performance mum M effected within the time stated On the purchase order and the documens attached hereto. No new of rise Purchasers including, without limitation, acceptance of partial late deliveries, shall opemte rs a waiver of this provision. In the event of any 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 as a result of delays due to emans not reasonably foreseeable which are beyond its reasonable moral and without Its fault of negligence, such ors Of God, Is of civil Or milimry authorities, 6co m usual prionfr,, fires, strikes, flood, epidemics, wars a riots provided that nmica of the conditions causing such delay Is given M the Purchaser within live (5) days of the time when the Seller not received knowledge thermf, In the event of any such delay, the &ire of delivery shall be extended for the period equal to the time actually lost by mum Offoe delay. 3. WARRANTY. The Seiler warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the puryoses intended, and Performed with the highest degree of care and competence in acmaknce with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my lout damage or expense which the Purchaser may suffer or incur on account orders Salim much ofseemThsh aty. e Sella all replace, reµit or make good, without and to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by the terms of any applicable wamanry provided by Be Sella after the date of acceptance of the good famished hereunder (acceptance net an be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purrhasa dull Out constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order the Sellers liability hercum4r shall extend to all damages proximately caused by the breach of my of the foregoing warranties .....rearms, bur such liability shall in an event htdltde loss ofpm its or loss of Ilea. 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. lTe Pmrchmv may make any changes m bee mrma, ether than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change arises theamount due or the time of pefarmance hemande,anamicable ndjudmem shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change Order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be, liable for any claims for anticipated profits on the uncompleted portion of the good ardor wok, for incidental or consequential damages, am that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as at my goods delivered bearings. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustmenl most be summed within Nirry (30) days form the dare the change or mrrnination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereurder shall have been produced, said, delivered and furnished in strict compliance with all applicable laws and regulations to which bee goad are subject. The Sella shall execute and deliver such documents as may be captured in effect or evidence compliance. All laws am regulations required to be incorporated in agrtemens of this character are hereby incorporated herein by this refeuce. The Sella agrees to indemnify and hold the Purchaser hvmless Gam all costs and damages suffered by the Purchaser as a result of bee Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, roofer, or convey this order, or my monies due or to become due hereunder without the Eric, wfium consent of the other party. 10. TITLE. The Seller warrants full, clear and comminuted title to the Purchaser for all equbp card, materials, and items famished in performance of this agreement free and clear of my and all here , restrictions, reservations, secur ty intent encumbrances and claims of others. 14. PATENTS. Whenever bee Seller is requirW to tem any design, device, material or process covered by lane, pment trademark r copyright the Sella shall indemnify rued save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in mmecdon with the contract, and shall indemnify the Purchaser for any can, expense or damage which it may b, obliged to pay by reason of such infringement at any time during the prosecution or after bee completion of the work. In case said equipment, or any pan thermf or the intended use of the goods, is in such suit held to comtima infringement and the use of said equipment or pun is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but noninfdnging equipment or modify it so it becomes nmainlnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the c Pu hase, without liability. 16. GOVERNING LAW. The definitions ofterms used or bee interpretation ofthe agreement and the rights of all panic hereunder shall be announced under and gocmed by th<laws offoe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfomn wok hereunder, including the urvicax of Sellers Represenative(s). on dre plemisu of others. 10. SELLERS RESPONSIBILITY. The Sella shall can, on said work at Sellers own risk m6I the same is fully completed anal accepted, and shall. in case of any accident destruction or injury to the work and/or rrercng s ben Sellers fuel completion and cou'lance, complete the work at Sellers owm expense and to the sari marmar of the Purchaser. When materials and equipment are Rumored by others for imall.... or accum by the Sella, the Sella shall receive. Imloaat store and handle same at red site and became responsible therefor as though such materials and/or equipment were being fiwishem by the Seller under the order. 18. INSURANCE. The Seller shall, a1 his own expense, provide for the µ arm nt of workers compensation, including Occupational disease benefis, an its employees employed on Or in connection with the work covered by this purchase order, and/or to their de,r ndents in accordance with the laws of the sate m which the wok is to be done. The Seller sh II alo carry comprehensive general liability including, but nor limited to, communist and automobile public liability insurance with bodily injury and death limits of err least S300Wq for say are person, $500,000 nor any e accident and property &image limit per accident of S400,000. The Seller shall likewise require his ontracmrs, if any, I. provide for ouch compensation and in e. Before any of the Sellers or his contmcom, employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificaa that such compensation and insumnace have been provided. Such emifrcazcs shall specify bee date when such confirmation and irsumnce have been provided. Such certificates shall specify bee date when such compensation and assurance expires. The Seller agrees that such compcasmion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire raparibiliu, and liability far my and OR damage, lass or injury of any kiM or visas whatsoever or parsers or property caused by or om.1ing from the execution of the work provided for in this purchase order in in connection hartxilh. The Seller will indemnify and hold bamrless the Purchaser anal any cr all of the Purchomrs effects, agems and employers form and Imet any and col claims, losses, damages, harges or expasus, whether direct Or minaret and whether to persons or property, to which the purchaser may be, put or subject by reason of my act, action, tragical, omission or default on the pan of the Sella, my of his mntrmmrs, Or my of the Sellers or contractors affirms, agents or employeess h, case my suit or other proceedings shml be brought agaimr thc Purchaser, or its officers, anew a employees at my time am ..not or by retort of my act anion, neglect omission or default of the Seller of any of his mntacmrs a any of its or their officers, agog or employers as aforesaid, the Sella hereby agrees a assume the defense hemf and to defend the same at the Sellers own expense, m pay my and all costs, charges, anomeys fees and other expenses, any and all judgments char may b, incurred by or obtained against the purchaser or my of is in their offocrs, agents or employees in such suits or other proceedings, and in case judgment or other lien ho placed upon or obtained against ere property ofthe Purehass, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond Or otherwise. The Seller and his contractors shall Like all safety precautions, famish and install all gmrds necessary far the prevention of accidents, comply with all laws and regulations with regard a safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 032010