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HomeMy WebLinkAbout141200 DALE W SMIGELSKY - PURCHASE ORDER - 9142290Fort 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 9142290 1of2 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 Reimbursement 1 LOT LS 5,052.49 4/19/14 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCIALDEfA1IS. Tax exempti.os. By spiwm rho City of For Collis is exempt from sure and local taxn. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Facile Tax Exemption Certificate of Registry 84-6000589 is regiumod with the Collector of Failure of the Purchaser to insist upon shale, performance of the mums and conditions hereof. failure of delay to Internal Revenue, Dover, 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 or payment for looks hereunder or vp,oval ofMc design, shall rat release the Seller of Goods Rejected. GOODS REJECTED due to fli lure to meet specifeations, either when shipped or due w defects of any of the warmmies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tra.ip may be renamed to you for credit and are not to be replaced except upon receipt Of wdnerr purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless inactions from the City of for Collins. of when shipped, received or accepted, as to any prior or mlinw,enl default hereome , nor Aid any purpored oral modification or rescission of lhis Purchase order by the Purchaser operate ss a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on atrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in enforce to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. 0utharixd payment oa the par of the City of For Collins. However, it is to be understood nor FINAL Seller all the Purchaser rmognitt that in acbW economic practice, —battles resulting fmm wtitrust ACCEPTANCE is dependent upon complot. of all applicable required inspection pmcedilon, violations are in fact home by the Purchaser. Theretofore, for good came and as consideration for executing this purchpoe order, the Seller hereby assigns to the Purchase any and all claims it may vow have or hereuner Freight Team. Shipments most be F.O.D., Ciry of Fan Collins, 70) Wood St.. For Collins, CO 90522, unless acquired under federal or sum antitrust kaws for such verchicrgop belling to the paricule, goals or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purehacd or acquired by the Purchaser pursuant to Ibis purchase order. bit must accompany invoire. Additional charges far packing will not be accepted. PERFORMANCE SELLERS OBLIGATIONS. U. PURChaser Shipment Distance.thereaheremanufaia,,l have pmentis spins ofthhul Movie cancer nonconforming defective a dategness w be from Invoice palm m destination, and excess Height will be deducted from Invoice when expected ]will the neared destination, ang nd xcessreight comply, the Pnbythe orudsby theiSAIrT, aSellerwcerneer Purchaser and the Seller and the Seller thereafter indicates its inability a unwillingness to comply, the Purchaser a .to, shipments ere made from greater distance. may cause the work to be perfumed by the most expeditious means available to it, and the Seller shall pay all may s Darts associated with such work. Petmils. Seiler shall praure at sellers sole use, all accessary permits, anificares and lice.es required by all applicable laws, regular , ordinances and ales .fine state, municipality, tertiary or political subdivision where the work is performed, or stairs& by any other duly constituted public authority facing jurisdiction over the work of vendor Seller fuller agrees to hold the City of For Collins horml. f and against all liability and loss incurred by them by rea.n of an Named or established violation of any such laws, regulations, ordinances, ales and requiremens. Authorization. All parries to this contract agree that the represenutivn are, in fact, bow fide and possess full and complete authority to bind said pinin. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tempos and candnimm.tend herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by mmornce. Any additional or different It., and conditions proposed by seller arc objected 1. and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your promised delivery dam as noted. Time is of the essence. Delivery and performance most be effected within ,he time sated on the pmebave order and Me documents mashed hereto. No acre of the Purchasers including, without limitation, acceptance ofparial late deiverin, shall operate as a waiver of this provision.1. the even, army delay, the Purdv.e shall have, in addition to she, legal and equitable remedies, the.,li.n ofAimirs, fix order elsewhere and holding the Seller liable for damages. However. the Seller shall no, be liable for damages as a result of &days due to causes not reasonably foreseeable which are beyond is responsible control and without its fault of negligence, such acts ofGok acts ofcivil or military authorities, g... ]priorities, fires, strikes, hood, epidemic, wars or rims provided that notice of the conditions causing such delay is given an the Purchaser within five (5) Jays of the time when the Seller first received knowledge there.[ In the runt of any such delay, 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 goods, articles, materials and work covered by this other will conform with applicable drawings, specifications, samples amber other descripnow given, will be fit for the purposes intended, and performed with the highest degree of core and eompth nce in accordance with accepted standaMs for work of a imilm .tore. The Seller agrees 1. hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur ors account of the Scllers breach of wmmny. The Sellershall replace, repair or make goat, without cost w the purchases any defects or faults arising within one (I) year or within such longer period of time ss may be pres of ed by law or by the terns.fmy applicable warranty provided by the Seller after the dale of acceptance of the goods f fished hereunder (acceptance not w be armaso.bly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not austiwte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gsiramees, but such liability shall in no even, include lass of profits w loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may nuke changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms. other than kgal terms, including additions to or deletions farm Me quantities originally ordered in the specifications or drawings, by vedul or worm change order. If any such change aRects the amount due or the lime of performance hereanden er, 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 ,onion of the gawk then nor shipped, subject to any equi ibla adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable far any claims for wricipaled Profits on the uncompleted ,anion of the goods and/or work, for incidental .1 lomequential danmges, and that no such adjustment be made in favor of the Seller with respect any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADIUSTM ENT. Any claim for atlj.ment most Ixt asserted within may (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller salamis is that all goods sold hereunder shall have been produced, sold, delivered and fumisbed in strict compliance with all applicable laws and regulatioit to which the goods we subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be cwporded in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, ansfer or convey this order, or my monies due or to hecome due hereunder without the ,no, wdren co.cut of the other parry. 10. TITLE. The Seller warrants feel, clear and consumed ed title in the Purchaser for Al equipment, materials, and items (published in performance of this agreement, free and clear of any and all teem, restrictions, reservations, sorrily interest cncumbrances and claims ofolhers. The Seller shall release the Purchaser end is contmemrs of any tlet fmm all liability and claims of any nature resulting fmm the performanee ofsuch work. This release shall apply even in the event of fault of negligence of the For, redeemed and shall extend to the diremors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, beeause such work is performed or caused to he performed by the Purchase. 14, PATENTS. Whrneverthe Seller is mgnind w use any design, device, material or process covered by letter, woman, trademark cop,ighl, ,he Seller shall indemnify mad save harmless the Pumhuser 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 such infringement at any time during the pmsaution 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 wmto ne infugement and the use of said egtipmedil or For is enjoined, the Seller shall, at its own exprnu and at its ophon, either procure for the Purchaser the righl 1. continue using said eq.ip.tn, or parts, replace der same with substantially equal be, noninfnnging equipment, m modify it suit becomn.ninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bnefit of creditors, appoint a or trustee for any of the Sellers property or business. his order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftener wood or the interpretation of the agreement and the rights ofall parties hereunder shall be construed under and gO,.d by the laws .fine Spite ofC.1wa ,USA. The following Additional Conditions apply only in cases where the Seller is to pert work hereunder including Me services of Sellers Repmaenedire(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Sellers own oink limit the same is fully completed prod o coped, and shall, in au of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Setter's own expene and to the satisfaction of the Purchaser. When matmals and equipment are famished by others for iouallmian or erection by the Seller, the Seller shall votive, unload, store and handle same at the site and became responsible therefor ss though such materials arbor equipment wcra being famished by the Seller under the order. 18. INSURANCE. The Seller And], in his room expense, provide for the Payment of workers compensation, including occupational disease benefits, to its employees employed on or is connection with the work covered by this purchase order, anbor to their depenJans in accordance with the laws of the same in which she work is to be Now. The Seller shall also carry comprehensive general liability including, but not limited to, cootracrual sod automobile public liability insurance w'irb bodily injury and decoh limits of at least 53Ogn00 fm any one person, 55011.Onn for any one resident and property damage limit per accident of S400,000. The Seller shall likewise require his conaraccon, ifany, to provide for such compenaton end imumme. ref any of the Sellers or his concrxron employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a canificate 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 expire. The Seller agrees that such compensation and insurance shall be mamemed until after the entire work is completed And accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby alommes the entire trip ... Ron, and liability for any and all damage, loss or injury ofany kind or more whamoner to persons or property cat d by or resulting from the execution of the wok provided for in this archers, order or in coweetim herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Puschssers offer.. egens and employees farm and ogai., any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to ploweraw or property to which the Purchaser may te put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his commcmrs, or any of the Sellers or contractors affects, agenta or employees. In usse any suit or other proceedings shall be bought against the Pumh ow, or its officers, agents or employees many time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contracmrs or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceeding, said in case judgment or other her be placed upon or obtained against the papery, of the Purchaser, or said parties in in as a result of such shim or other precon ings, Me Seller will at once cause the same to W dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall rake all safety precaurims, f 'sh and insult At gumds necessary for the prtvmtion of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety all Health Am of 1970 add Al fides all regulations issued pursuant themes. Raised 0312010