HomeMy WebLinkAbout141200 DALE W SMIGELSKY - PURCHASE ORDER - 9142289Fort Collins
Date: 04/24/2014
Vendor: 141200
DALE W SMIGELSKY
COLLINDALE GOLF COURSE
1441 E HORSETOOTH RD
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9142289 1 o12
This number must appear
on all invoices, packing
sli s and labels.
Ship To: COLLINDALE GOLF COURSE
CITY OF FORT COLLINS
1441 E HORSETOOTH RD
FORT COLLINS CO 80526
Delivery Date: 04/23/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Reimbursement
Dale Smigelsky
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 6,882.76
76
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. COSLMERCIALDETAILS.
Tax exemptions. By statute the City of Too Collin......... III rom.tom and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600058) is registered with the Collector of
late.] Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26.114 (a).
Goods Rejected. GOODS REJECTED due to failure to mM specifications, either when shipped or due to defects of
damage in Transit, may be rammed to you for credit and are not to be replaced except upon mucipt of veto en
instructions from the City ofFort Collins.
Inspection GOODS are subject tD the City of Fan Collins inspection on optical.
Final Aac,pance. Receipt of the merchandise, services or equipment in response to this order canresult in
authorized payment on the Prat of the City of FortCollins However, it is to be understood Nat FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms . Shipments most Is, F.O.B., City of Fort Collins, ID0 Wood St., Far Collins, CO 80522, unless
otherwise specified on this order. if permission is given to prepay f ight oral charge separately, the original freight
bill must accompany invoice. Additiowl shop, for µraking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the canary, shipment is
expelled from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Shipments are made from greater distance.
Permit. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses require) by all
applicable laws, mimptiotls, ordinances and toles ofthe stare, municipality, tam., or political subdivision where
the work is performed. terminated by any other duly constructed public authority Isaviogymnsi iction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss
incurred by them by reason of an acmded or established violation of any such laws, regulations, ordinances, toles
and requirements,
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and prows, full and
nmplers authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the it. and conditions sated
herein sm fonh and any supplementary or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional or ddEperat terms and conditions propomd by seller are objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
pmmlmd delivery date as acted. Time is of the essence Delivery and pafarmanee most be effected within the time
stated an the purchase order and the documents suached hefeto. No acts of the Purchasers including, without
limitation, acceptance ofpromal late deliveries, shall operate as 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 ofplacing this order elmwlam
and holding the Seller liable fat damages. However, the Sella shall not be liable for damages ns as raid, of delays
due to causes not reasonably foreseeable which are beyond its reamnable control and without in fault of negligence,
such acts of God, acts carrier or military authorities, governmental priorities, fires, stakes, flood, epidemics, wars m
nuts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller Oat received knowledge thereof In the ever, of any such delay, the dam of delivery shall be
extended for the period equal to the time actually lost by reason ofhe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples author other descnpuons given, will be fit for the purposes intended, and
performed want the highest degree of care red competence in accordance with accepted standards for work of a
imilar nature. The Seller agree to hold the purchaser harmless from any loos, damage or expanse which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
goad, without cast 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 tams army applicable warranty provided by the Seller after the dam of
cceptance of the goods burnished hereunder (aweprance not to be interminably delayed), resulting from imperfect
or defective work done or iaterials famished by the Seller. Acceptance or use of goods by the ParcM1amr shall or
onstitute is waiver of any claim under this wamnty. Except as ohewise provided in Na puahue oMeq the Sellers
liability hereunder shall emend m all damages proximately causal by the breach army of the foregoing warranties
or gpamnrms, but such liability shall in no event include lass of profits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal moms by canner change order.
5. CHANGES IN COMMERCIAL TERMS.
Tire purchaser may make any changes to the terms, other than legal toms, including additions to or deletions form
the quantities originally ordered in the specifications at drawings, by sco al or written change nodeif any such
change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, arminam this agreement as to any or all rumors of the
goods 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 author work. for incidental or consequential damages, and Nat no such adjustment be, rude in
favor of the Sella with raped to any goods which are tire Seller standard stock No such Iertnitation shall relieve
fie Purchaser or fe Seller of any oftheir obligations -,a any goad delivered herepMa.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be accrued within thins (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Thal all goods sold Ismander shall have been produced, sold, delivered and fcuishd in striet
compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and
deliver such documents as may be required to eR t or evidence compliance. All laws and regulations required to h
incorporated in agreements of Uns character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the purchaser hmmless from all costs and damages suffered by fie Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither patty shall assign, nansfa, or convey this order, or any monies due or an become due hereunder without rise
prior written comenl of fie ofer party.
10. TITLE.
The Seiler warrants full, clear and unrestricted title to fie Pmchner for all equipment, patmals, and items famished
in performance of this agreement, free oral clear of any and all tiers, restrictions, reservations, security interest
encumbrances and claims ofoffers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
arry rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, Ilse acceptance ofer payment fat goods hereunder or approval ofhe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not Its, deemed is waiver, of any right of the
purchaser as insist upon strict performance heteofe, any of its rights or remedies as to any such goods, regardless
of when shipped, received or sucepred as to any prim or subsequent default hereunder, nor shall any purposed
oral mslifica ion or ¢scission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recups, that in actual economic practice, overcharges resulting from antitrust
violations are in fact berms by the Purchuer. Theretofore, for good cause and as consideration for executing this
puchma, other, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
sustained under federal or suite antitrust laws for such m rcenarges relating to fie particular goods or semen
purchased or acquired by the Pumlaser pursuant to this purchase under.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifire Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller cheen0er indicates its inability or unwillingness to comply, the Patches,
may cause the work to be performed by the must expeditions memos available to iI, and fe Seller shall pay all
costs aosmiand with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofsuch work. -
'Ibis release shall apply even In the event of fauh of negligence of the may relrssed and shall extend to the
directors, effects and employees ofsuch party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to are any design, daim, material or process carried by lever, pmenl, hademad:
or copyright, the Sella shall primarily and save harmless the Purchaser from any and all claims for infringement
by reams of the use of such patented design, device, material or process in connection with the contract, end
shall indemnify the Purchaser for any cast, expense or damage which a may be obliged 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 pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or prat is enjoined, the Seller shall, at its ram expense and at its optiov. eitherµ e. for the
Purehmer the right to continue using said equipment or pans, replace the same with substantially equal but
rtoninGnging equipmenl, or modify it so it becomes rwninfringing.
15. INSOLVENCY.
If the Sella shall became insolvent or bmkmpt, nuke 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
Purchases without liability.
to. GOVERNING LAW.
The definitions oflerms used or line inta,mannion ofdw agreement spur the rights oral] parties Mreunder shall be
consumed unda and governed by fie lows afthe Some ofCelomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including life services of Sellers Raccompative(s), on the premises ofathers.
Il. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the sine is fully completed and accepted, and shall,
in cam of any accident, destruction or injury to the work author materials before Severs final completion and
acceptance, complete the work at Sellers own expense and to Ore satisfaction of the Purchaser. When tom curds
and equipment are fummbal by others fat installation or common by the Sella, the Sella shall remove, upload
store Spur handle same at the site and become responsible therefor as though such materials anfm equipment
were being f ished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefis, to its employees employed on or in connection with the work covered by this purchase order,
surfer to that dependents in accordance with the laws of the sate in which the work is to be done. The Seller
Shall also carry comprehensive general liability including, but not limited to, conformer our automobile public
liability usunmee with bodily inury and dean, limits of ar 1-1 S300.000 for any one person. 5500,000 fat any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
comforms, if any, to provide for such compensation and insurance. ❑afore any of the Sellers or his contractors
employees shall d0 any work upon the premises of others, the Seller shall famish life Purchaser with a certificate
that such compensation and insurance have been provided Such c ri&toes shall specify the date when such
compensation and insurance have been provided. Such canneries 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 aM accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the attire responsibility and liability for any and all damage, loss or injury of any kind
or nature whars¢ver to persons or property caused by or resulting from the execution ofe work provided for in
this purchase order or in connection herewith. The Sena will indemnify and hold harmless he FarcM1as, and any
m all of the Purchasers officers, agents and employees from 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 act action, neglect, omission or default on fie pan of the Sella, any aphis
contractors, or any of the Sellers or contnetom officers, agents or employees. In case any mit or ofer
proceedings shall Is, brought against Oat Purchuer, or its officers, agents or employees of any time on account or
by reason of any act, action, neglect, omission or defult of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid the Seiler hereby agrees to assume the defcme fereof and to
defend fie same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
my and all judgments that may be incurred by or obtained against the Purchaser or any of its or Emir officers,
agents or employees in such suits or other proceedings, and in case judgment or ofer lien be placed upon or
obtained against me propeny of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings,
fe Sella will at once cause the same to be dissolved and dischargd by giving bond or ofer sne. The Seller and
his contractors shall take all safety precautions, famish and insall A] goods tmceaery for the prevention of
accidents, comply wit all laws and regulations with regard to salary including, but without limitation, fie
Occupational Safety and Health Am of 1970 and all rules and replan. issued pursuant ferto.
Revised 03I2010