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HomeMy WebLinkAbout141200 DALE W SMIGELSKY - PURCHASE ORDER - 9120022City of art Collins Date: 01/06/2012 Vendor: 141200 DALE W SMIGELSKY COLLINDALE GOLF COURSE 1441 E HORSETOOTH RD FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9120022 1of2 This number must appear on all invoices, packing slips and labels. Ship To: GOLF ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/05/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Reimbursement Driving Range Cam. C3. Oi1a:_o-Qs� C/ 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 1 LOT LS 5,570.41 Total 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 stmutc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIV ER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or ddav to Internal Revcnuc, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of orpayment for goods hereunder or approval ofthe design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe wanenties or obligations of this purchase order and shall not be decnrcd a waiver of any right of the damage in transit, may be resumed to you for credit and am not to be replaced except upon receipt of wrinco purchaser to insist upon strict performance baceforany of its rights or remedies as 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 hereunder, nor shall tiny purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITR UST CLA I M S. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for 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 hereaBcr Freight Tcrms. Shipments most be F.O.N., City of Fort Collins. 700 Wood! St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods Or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or 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 manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made Tram greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seiler shall procure at sellem sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision whnc the work is Performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and less incurred by them by mason of an acsared or established violation of any such laws. regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority, to bind slid panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tams and conditions stated hacin an forth and any supplementary or additional terms and conditions annexed herein or incorporated hainn by reference. Any additional or different terms and conditions proposal by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents mashed hereto. No acts of the Purchasers including, without limitation, acceptance of radial late delivaies, shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Scllcr liable for damages. However, the Sella 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 fault ofnegligence, such acts of God, acts ofcivil or military authorities. governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mount critic delay. 3. WARRANTY. The Seller warrants that all goods, 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 romascs intended and performed with the highest degree of care and competence in accordance with accepted standards for 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 warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within .such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imrerfect or defective work done or materials fumishcd by the Scllcr, Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as othcovisc provided in this purchase order, the Set leis liability hereunder shall extend to all damages proximately emrsed by the breach of any of the foregoing warranties or guamntce, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR M ERCI I A NTABILITY 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 Purchaser may make any changes to the terms, other than legal tents, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such chance affects the amount due or the time ofperformaacc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any 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 panics as to any work or materials then in pmgress provided that the purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or wink, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which arc the Scllas standard stock. No such mr-mimtion shall relieve the Purchaser or the Seiler array of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all galls sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agues to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hcrcunder without the prior written consent ofthe other parry. 10. TITLE. The Seller wonmets full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishcd in perfomtancc of this agreement, five and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors array tier fmm all liability and claims of any nature resulting fmm 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, officers and employees crouch party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is perfomnl or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or poetess covered by letter, patent, trademark 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 with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of inch 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 use of the goods, is in such snit held to constitute 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 right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt 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 Purchaser without liability. 16, GOVERNING LAW. The definitions oftema used or the interpretation ofthc agreement and the rights ofall panics hereundershall be construed under and govemed by the laws ofthe State ofColmado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprcsentativc(s), ou the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall. in case of any accident, datmction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle mme at the site and become responsible therefor rs though such materials and/or equipment were being furnished by the Seller undo the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkas compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability instmnce with bodily injury and death limits of set least 5300.000 for any no person. S500.000 fur any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seiler shall famish 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. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation 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 aspensibilier and liability for any and all damage, loss or injury array 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 haewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purehrscrs officers, agents and employees fmm 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 may be put or subject by reason of any net, action, neglect. omission or default on the part of the Seiler, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect. omission or default of the Seller of any of his contraetnrs or any of its or their oRcers, agents or employees as ofxemid, 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, attomcys fees and other expenses, any and all judgments that may be incurred by or obta incd against the Purchaser or any of its or their officers, agents or employees in such snits or other proeccdings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result of inch suits or other proceedings. the Seiler will at once cause the sane to he dissolved and discharged by giving bond or mhcrwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010