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HomeMy WebLinkAbout210366 GROWLING BEAR CO INC - PURCHASE ORDER - 9124530Fort Collins Date: 02/27/2014 PURCHASE ORDER PO Number Page 9124530 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 210366 Ship To: ENGINEERING DEPT-MASON GROWLING BEAR CO INC CITY OF FORT COLLINS 2330 4TH AVE ENGINEERING DEPT-MASON GREELEY CO 80631 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 08/20/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price is CHANGE ORDER 12 1 LOT EA -93,548.16 DEDUCT LANDSCAPING IRRIGATION 19 CHANGE ORDER 12 1 LOT EA -41,030.00 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-$134.578.16 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Ton Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fedeed Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collect. of Failure of the Purchsser to insist upon strict performance order corms and coadniom hereof, failure or delay to Inmmvl Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1973. Chapter 39-26,114 fa). exercise any rights or reailies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the ares ponce of Fir payment for geed hereunda or approval of the design, slat] Out release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of any of the cvaemnnies or obligaioas of this purchase order and shall rot be deemed a waiver of any Fight of the damage in taasit, may be retumN to you for credit and are not b be replaced except upon mcapt of written Purchaser M insist upon strict Performmce hamfm my of its rights or remedies as to any such goods, regardless instructions from the Ciry of Fort Collins. of when shipped, received Or accepted, as to any prior or subscryent default hereunder, ter shall any purported oral modification or rescission of this purchase order by the Purchaser operate M a waiver of any of the terms Inspection. GOODS arc subject to the City of Fen Collins maintaining on amval. hereof. Final Areepmnce. Receipt of the merchandise, sactee a eyimpmm, in response to this orda can all in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorized payment on the pan of the City of Far Collins. However, it is to be grdatinal that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharge resulting from antitrust ACCEPTANCE is dependent upon wmplelim of all applicable required inspection macedures. violations ere in fact home by the Forbearer. Thsuctomm for good cause and M mesideroon for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.D., City of Pon Collins, 700 Wood Sr, pun Collins, CO 80522, unless acquired under federal or state antiwst laws for such overcharges relating to the particular goods or services otherwise specified on this undo. lfpennissicn is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany Invoice. Additional charges for packing will or be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in 'mor, pans of the country, shipment is ]film rumbas, directs Ore Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected tram the nomest distribution purer to destination, and excess freight will be deducted learn Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments me made from greater distance. may cause the work to be performed by the most expeditious .ears available to it, and the Seller shall pay all cows assainted with such work. Permits. Seller shall procure at sellers sole cost all necessary pemim, cenifcales and licenses required by all applicable laws, regulations, ordinances and rules ofthe suite, municipality, terrilnry or political subdivision where the work is performed, or requital by any other duly encouraged public authority havingjurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by than by reason of an asserted or established violation of any such laws, regulations, ordiranma, fides and r Fair meats. Authenticator. All parties to this contract agree dual the represenmdves see, in fact, bane fide and Fosuss full and recipient authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated berein set Tonle and any supplemenrary or additional terms and conditions mrcxed hereto or incamomted herein by reference. Any additional or differenterms and emditiom proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try.. catmol make complete shipment to arrive oa your Promised delivery date as acted. Time is athe resentx. Delivery and pFri.. mast IS, e@ded within the time stated on the purchase order end the documents attached hereto. No an of the Purchasers including, without linrimticn, acceptance of partial late deliveries, shall operate. a waive( of obis provision. In the event aany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages, l lovveva, the Seller shall or be liable for damages as a result of delays due no cocoas non rensonabty foreseeable which are beyond its reasonable contml and without its fault of negligence, such acts of God, acts of civil or military authorities, "co mmml priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pnehuser within five (5) days of the time when the Sela first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the FmN equal to the time actually lost by mccon ofthe delay. 3. WARRANTY. The Seller wurtargs that all goads, entries, materials and work covered by this order will contain with applicable drawings, speci0catiom, samples reactor office description given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted suindard for work of a 'milar ..,.as The Seller agree no hold the purchawr hamlets from any loss, damage or expense which the Purchase may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost m the purchaser, any defeat or faults nosing wildn one (1) year or within such longer period of time as may be procedural by law or by the terms of my applicable warmnly provided by the Seller filer the date of eccepurae of the good furnished hereunder (accepranre revs m be unseasonably delayed), resulting from imperial a defective work dam a materials f ''shed by the Sella. Acceptance or use ofgmd by the Furehmer shall non constitute a waiver of any claim under this warranty. Except as otherwise presided in this purchase coder, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing communes m guammas, but such liability shall in m event include loss of profits a loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. e. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrnen change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make tiny changes to the terms, other than legal terms, including additions m Fir deletions from the quantities originally ordered in the specifications a drawings, by verbal or written change order. If any such rhange miens the amntml due ar the time of,crom um hereunder, an equitable :dmmiggent shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreaneret 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 goods anctor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers sandard stock. No such termination shall relieve the Pucbecer a the Seller ofany of their obligaions as m any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustmron mast be aurned within thirty, (30) days from the date the charge or teemitatim is ordered. 8. COMPLIANCE WITH LAW, The Sella warrants that all goods said hereunder shall Lave been produced, sold, delivered and famished in strict compliance wit all applicable laws and modicum in which the good are subject The Sella shall execute and deliver such documents M easy he raluired to effect in evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella egress to indemnify ved hold the Puchaser hamless from all costs and damages softened by the Purchmma as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent ofthe other patty. 10. TITLE. The Seller warrants full, clear and committed tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all lice, restrictions, reservations, securiry interest acumbemees and claims ofolhers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall exterd to the droaaM. We. and employees of such puny. The Sellers contractual obligations, including wammy, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Performed by the Pachuca. 14. PATENTS. Whencva the Seller is required to use any design, device, mama) a promss moored by Ierer, parent trademark Or copyright, the Seller shall indemnify and save hmrnlecs the Purchaser hour 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 cast, expense or damage which it may Ise obliged to pay by reason of such infringement in any time during the prosemtion or after the completion of the work. In caw said equipment, or any pan thermf or the intended use of the Saudis, is in such suit held 0 constitute infr gragement 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 and equipment or pans, nature the same with substantially equal but noninfdnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent m 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 Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used ar the interprem our Fight ii,m teem and the rights of all parties hemunder shall be construed under and governed by the laws ofthe Stale of C.to.dc, USA. The following Additional Conditions apply only in a whom the Seller 6 to perform work hereunder, including the seem. of Sellers Raprvsemnive s), on the, premiws ofothe. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said weak at Sellers own risk until the same is fully completed and accepted, reed shall, in use of any accident, destruction or injury to the work oral materials before Sellers final completion and accamme, complete the work at Sellers own expense and to the satisfaction of dic Purchases. When materials and equipment are furnished by others for installation a erection by the Sella, the Scllcr shall crevice, an cad. scare and handle same at the site and become responsible therefor M though such materials endear equipment were being famished by the Seller under the order. IS. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers 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 of the suite in which the work is to bo done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insuwme with bodily injury and death limits of an loon $300,000 for any one paxam, S5W,000 for any one strident and property damage limit per accident of $400,000. no Seller shall hocco se require his contractors, if any, to provide for such cmrmensntion and insurance. Before any of me Sellers or his conracton employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance base been provided Such cenifcates shall specify the date when such ompeasatim and insurance have been provided. Such certificates shall specify the date when such compemmion and immovence expires. The Seller agrees that such compensation and insurance shall be maintained cart] after the entire ..,it is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire ompomibiliry end liability for any and all damage, lass or injury army kind narum whatsoever to persons a pumarry mused by or raulting from the'saurio, afrhe ..,it provided for in this purchase order or in rearrection herewith. The Seller will indemnify and hold harmless the Purchases and my Fir all of the Pablec as afree.. an. and employee from and against any and all claims, losses, damages, charges or expenses, whether direct ar indirect, and whether OF persons or progeny to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Sella, my of his contactors, or my of the Sellers or contractors officers, agents or employees. In cause my suit or order proceedings shall be bmughl against the Purchaser, a its officers, ageots or employers at my time on account or by season of my rot, action, neglect, omission or default of the Sella of any of his contractors or my of its or their officers. agents or employers as aforesaid, the Seller hereby agree to nssume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and is case judgment or other lien Ix placed upon or obtained against the property ofthe Purchaser, or said parries in or M a result of such 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 take all safety precamicem, famish and install Fill guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all miss and regulations issued pursuenl thereto. Revised 03I2010