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HomeMy WebLinkAbout141200 DALE W SMIGELSKY - PURCHASE ORDER - 9142608PO PURCHASE ORDER 914260er Page City of PURCHASE 9142608 1012 ' `t Collins This number must appear ` ` 1 1 on all invoices, packing sli s and labels. Date: 05/09/2014 Vendor: 141200 Ship To: COLLINDALE GOLF COURSE DALE W SMIGELSKY CITY OF FORT COLLINS COLLINDALE GOLF COURSE 1441 E HORSETOOTH RD 1441 E HORSETOOTH RD FORT COLLINS CO 80526 FORT COLLINS CO 80525 Delivery Date: 05/08/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Reimbursement 1 LOT LS 5,514.13 5/3/14 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 $5,514.13 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 I. COMMERCIALDIHAHS. Tax exemption. By solute to City of Fort Collins is exempt firm ante and local taxes. Our Exemption Number is I I. NON WAI V F.R. 98-04502. Federal Excise Tax Exemption Cenificme of Registry 84fi00o587 is registered win the Callao, of Failure of the Purchaser to insist upon strict performance of the Or. and mndiuom hereof, failure or delay m Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sooner 1973, Chopter 39 26,114 (a). exemue any rights or renedics provided herein or by law, failure an promptly notify the Sella in the event of a breach, the roc,. ofor payment far goods hereunder or approval of the dsign, shall nut release the Seller of Goon Rejected. GOODS REIECfED due to failure as men spat(cation, lithe who shipped or due to defects of any of the warrmties or obligations of this purchase order and shall rum be deemed is waiver of any right of the damage in tramik may b , returned Or Yma for credit end art not or be replaced except upon omcip, of wdom Purchaser in insist upon strict Programme, hereof or my of its rights or remedies as to my such goads, regardless instructions from the City of Fort Collins. of when shipped, mann d or accepted, in to any prior a subsequent &fault heats e , nor shall any pare a ed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject as the City carport Collin inspection on amivul. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in refome to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment an the pan of to City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize Nat in actual economic poultice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion mall applicable required inspection procedures. violations arc in fan burnt by the Purchaser. Therem6re,for good came and as consideration for executing this purchase oMe,, the Seller hereby assigns to the Purchaser any and all caims it may now have or hommor Freight Tents. Shipments must be F.O.U. City of Fan Collins, 700 Wood St, Fiat Collins, CO $0522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified tan this order.Ifperannoon is ,or to prepryfreight and charge separately, the original fc,dir purchased or acquired by the Purchaserpurxrim, to this purchase orde, bill must accompany invoice. Additional charges for puking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If he Purchaser directs the Seller to comet nonconforming or defective goods by a date to be, agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deduced from Invoice when Purchaser and the Seller, and the Sel ler thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work ro be Fafooted by the mast expedition mean available to it, and the Seller shall pay al I costs awwwimr l win such work. Permits. Seiler shall procure at sellers sale cost all necessary, permits, rinifiestn and lilacs occurred by all applicable laws, regulation, adiancer and rules mthe state, municipality, lantory or political subdivision where the work s Performed, or required by any other duly contimted public authority, having jurisdiction ova me work of vendor. Seller further not to hold the City of Fall Collin harmless tom and against all liability and loss incurred by than by reason of an annual m established violation of my such laws, regulation, Ordinances, rates and requirements. Autharimtion. All panics to this contract agree dot the mpaxamatives arc, in fact, brown fide ab possess full and complete authority to bind mid ponies. LIMITATION OF TERMS. This Purchase Order expmssly limits campmnce In the It. awl condition sated herein set forth and any supplementary or additional terms and condition amexed hereto or incorporated herein by reference. Any additional or different team and condition proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time sated on the puohuse order and the documents attached hereto. No two of the Purchasers including, without limitation,mr,oure oF,mi.I late deliveries, shall opeal, as a wulver mr1m, pmvi,i,nr In the event ofany delay, the Pmchaver 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 Sella shall not he liable for damages or a result of delays due to causes not mornably foreseeable which arc beyond its reasonable commit and without its fault of negligence, such acts of God, acts ofcivil or military authorities, govemmenul priorities, fires, strikes, Bold, epidemics, wars or riots provided that notice of the condition caning such delay is given in the Purchaser within five (5) days of the time when the Sella rim received knowledge thereof In me even of any such delay, the dam of delivery shall be extolled for me period egml to to arm actually lost by reason of the delay. 3. WARRANTY. The Sells, warrants but sll goods, articles, material and work covered by this order will conform with applicable drawings, speci0cation, samples md/ar other description given, will be fit for me purposes wmodcd, and Performed wit the highest degree of rare and competence in recordance with mcepted sued rd for work of a similar nature. The Sella agrees m hold the purchaser harmless from any loss, damage or expense which the Pluchasa ray suffer or incur on acco m of the Sellers breach of.y. The Sella shall replace, opium make good, without cast b the puohaer, my defects or faults arising within arc (1) year or within such longer perind of time as may be prescribed by law or by to rears afany applicable warranty provided by to Sella after the date of acceptance of the goods famished hereunder (accepnnre tam to be unseasonably delayed), resulting from imperfect or defective work done or materials famished by me Sella. Acceptance or um of goods by me Purchaser shall or constitute a waiver of any claim under this warranty. Except as otherwise provided in this pmchaee order, the Sellers liability hereunder shall extend to all damages proximately caused by the bleach of any strike foregoing warranlm or gmrmnters, 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 to legal tens by written change aide,. 5. CHANGES IN COMMERCIAL T ERMS. The Purchaser may make any changes to are tenor, other than legal terms, including additions to or deletion from the quantities originally ordered in be spedficationsOr drawings, by verbal m wrilmn change aid, If any such change affects the amount due or the time orpefooman a heeunder. an equitable adjustment shall bd made. 6. TERMINATIONS. The Purchaser may a my time by w'rimo change older ¢mmeam this agreement in to any or all portions of to goods men not shipped. susal to any equitable adjmmrmm between me Of. as to any wok a materials ten m pmgoon provided that me Purchase shall not Or liable for my claims for anticipated poets an the uncompleted Radical of the gouts andVor work, fat incidental or co gnenlial dnages, and that no such asjmsmmn be made w favor of the Seller wit respect to my goods which arc to Sellers husband stock. No such Commission shall relieve me Purchaser or the Seller of any of met, Obligation arm any goads delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or nomination is ordered. I. COMPLIANCE WITH LAW. The Seller wamms that all goods sold hereunder shall have been produced, sold, delivered and Famished in strict compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such documents as may be required la effect or evidence compliance. All laws and regulations required to be incorporated in agreements of tin character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purohasa harmless firm all costs and damages suffered by the Purchaser a a result of the Sellers failure an comply with such law. 9. ASSIGNMENT. Neither party shall assign, hanf r. or convey this alder, or my monies due or or become due hereunder witout the pdo, wrimer consent fdam enter perry. 10. TITLE The Seller warrunts full, clan and uvtnsuined fide m to Practical for all equipment, materials, and items Flushed in peif... of this agreement, f and clear of any and all terns, restrictioa, ravervnfiom, secaity wren, encumbrances and claims afothers, The Sella shall release be Purchaser and its emntrncmrs of any to from all liability and claims of any venue resulting from the performance crumb work. This release shall apply even in Ore event of fault of negligence of me gamy radiaml and shall extend to be directors, officers and employees of such parry. The Sellers mntmctual obligation, including werrear, , shall not be darned to be reduced, in any way, because such work is performed or cousin to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to we any design, device, material or process covered by lever, patent, trademark or copyright, the Seiler shall indemnify and save barmless the Purchaser from any and all claims for infringement by reason of the use of such pmemed design, device, maenad 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 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 sail held to cc drum infringement and the use of said equipment or pan is enjoined, the Seiler shall, a its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal bur n ndinfringing equipment, or modify it so it becomes —infringing. 15. INSOLVENCY. If the Seller shall become insolvent or baN:rapk 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 me Purchaser without liability. 16. GOVERNING LAW. The definition oftcmu used or be interpretation mfine agreement ad the rights of all panics hereunder shall be amended undo and governed by the lass of the State al'Calma ka, USA. The following Additional Condition all only in cases where the Seller s to perform work hereunder, including me smiles of Sellers 0.cprtunotivc(s), on the premises oFlters, Il. SELLERS RESPONSIBILITY. The Seller shall tarty on mid work at Sellers own risk until to same is fully completed and accepted, and shall, in arse of any accident, destruction or injury to to work mad/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to be satisfaction of the Purchaser. When notional, and equipment are thoushed by then for imollmion or asenan by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of wooers compensation, including Occupational disease trawfirs, to its employees employed on or in connection with the work covered by this purchase older, and/or to their dependents in accordance with the laws of me sate in which the work is to be dune. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance wish bodily injury and down limits of or lent S300,000 for my one Paton, 55mLO m for any incident attd propertymli Y damage hurt per accidentrt of S400,n00. The Seller shall likewise pvire his commensal, if any, to provide for such compensation and inureare Bef my or o Sense, m his comments employees shall do my work upon the premises of others, the Sella shall famish the Purchaser with a mnifote Our such emsprnsaim and inuomce have been provided. Such era ficate sMll specify the doe when such ampetion and balance have been provided. Such cemmcares shall specify the &te when such comn pca,iaa ad winsurance expires. The Seller agrees but such compensation and insurance shall be maintained until after be entire work is completed and uccepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby mmmn to entire respomilin it, and liability am any and all damage, loss at injury afany kind or more whatsoever to person or popeny caused by or resulting fmm the execution of the work provided for in this purchase older or in connection herewith. The Seller will indemnify and hold bannless the Purchaser and any r all of the Purchasers officers, agents and employees from and apron, my and all claims, losses, damages, chmges or expenses, whether direct or inducer, and whether to persons or prop,mary to which the Purchase may be put or subject by reamer of my act, action, neglect, omission or default on the pan of the Seller, any of his ontractors, or any of the Sellers or contractors officers, agents or employees. 1. case any suit or other Proceedings shall be brought against the Purchou", ar its officers, agents or employers at any time on account ar by renown of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employers as aforesaid, the Seller hereby agrees m aeaume the defense thereof and to defend to same at the Sellers own expense, to pay my and all costs, cturscs, attomeys fees and other expenses, any and all judgments mat may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such wits or other proceedings, and in case judgment or other lien be placed upon or Obtained against me property of the Purchaser, or said parties in or as a court of such wits or be, proceedings, to Seller will at ontt muse the more to be dissolved and diubarged by giving bond or otherwise. The Sella and his contractors stuff take all safety precaution, domain and install awl guard era., for the prevention of accidents, comply with all laws and regulation win regard to safety including, but without limitation, the Orcupationar Safely and Health Act of 1970 and all rules and mpotiaus issued pursuant thereat. Revised 03n010