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HomeMy WebLinkAbout210366 GROWLING BEAR CO INC - PURCHASE ORDER - 9124530 (2)Fort Collins Date: 03/21/2014 Vendor: 210366 GROWLING BEAR CO INC 2330 4TH AVE GREELEY CO 80631 PURCHASE ORDER PO Number Page 9124530 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE. AVE FORT COLLINS CO 80524 Delivery Date: 08/2012012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 20 CHANGE ORDER 13 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@fogov.com 1 LOT EA 13,993.51 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 examptione. By statute the City of Fort Collins is exempt from stare and local sexes. Our Exemption Number is W-04502. Federal Excise Tut Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39 26,114 (a). Goods Rejected, GOODS REJECTED due W failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit cad are not m be replaced crowd an receipt of wrinen institutions from the City of Fan Collins. Inspection, GOODS urn subject to the City of Fart Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result th authorized payment oa the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon wmpletimi ofall applicable required inspection pmerm es. Freight Tern. Shipments must be F.O.D., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must awomoanv invoice. Additional chawas for motion will not be accented. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and licenses required by .11 applicable laws, regulations, mdinaom, and roles of the state, municipality, territory or political subdivision where the work is peformd, or required by any other duly emotional 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 loss incurred by them by reason of m asserted or established violation of any such laws, regulations, ordinances, rates arequirement. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complain authority to and said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staled herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condin... ..... red by seller are 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 coerce, Delivery road pefrmance most be effected within the time stated on the purchase order and the documents attached hirer. No ads of the Purchasers including, without limitation, acceptance of partial 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 .,,.an ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act of God, acts of civil or military authorities, governmental priorities, floes, strikes, Hood, epidemics, wars or hots 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 prod equal to the time actazlly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and wok covered by this order will conform with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the purposes 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 an hold the purchaser harmleas 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 ,.it, without cost to the purchase,, ally defects or fault arising within one (1) year or within such longer period of time re may be prescribed by law or by the W. ofany applicable warranty provided by the Seller net the date of acceptance or the goods famished hereunder (acceptance not to be unreasonably delayed), resulting Wm impart t or defective work done w mate..], famished by the Salle, Acceptance or use ofgwds by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hoeander shall extend to all damages proximately caused by the breach of any of the foregoing warranties or premiums, but such liability shall in no event include loss of profits or fuss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. no Purchaser may make changes m legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from ,he quantifies originally ordered in the specifications or drawing; by verbal or written change order. If any such change which, the amount due or the time bperfotmance hereunde,, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement w to any or all portions of the goods then act shipped subject many equitable adjustment between the panics 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 and/or work, for incidental or consequential damages, and cat no such adjustment be made in favor of the Seller with respect many goods which are the Sellers standard stack. No such termination shall relieve the Pumhrow or the Seller ofany oftheir obligations as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are 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 nwryarated in agreements of thus character are hereby uncommon herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers fai lamer comply with such law. ' 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior waen consent of the other pvty. I D. TITLE. The Sell ,,warrants full, clear and uoresnicted title to the Purchaser for all equipment, materials, and items finished in performance of this agreement, free and clear of any and all lien, restriction, reservations, security interest encumbrances end claims products. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercisy rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, anthe acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warpromw or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser a insist an met performance hereof or any of its rights or cannabis as many such goods regardless of when shipped, received or acceptd, as to any prior or subsequent default hereunder, or shall any purported oml modification or rescission of this purchase order by the Forefront operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretoforefor ngoad 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 hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agred upon by the Purchaser and the Seller, and the Seller thereafter medicare, its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its cannabis of any It,, from all liability and claims of any nature etching from the vurfmmance ofmch wok. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of.uah parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused ro be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material at process covered by leaner, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngemenr by mason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Lumberer for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecmion or after the rompletion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to wntimm infringement and the use of said equipment or part is enjoined, the Sell,, shall, at its own expense and re its option, either pmeme for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it w it becomes pontificating. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of eredimrs appoint a oweiver or mvstee 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 need or the interpretation ofthe agreement and the rights of all parties hereundei elall be continued under and governed by the laws argue Stare ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work'heretmtler, including the services of Sellers Repreaccounw(s), on the premises ofobers, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is rally completed and accepted, and shall, in e of any accident, destruction or injury to the work anchor materials before Sellers final completion and acceptance, complete the wok at Seller's own expense and to the satisfaction of the Purchase, When nationals and equipment an famished by others for installation or erection by the Seller, the Seller shall receive, anluad, stare and handle same at the site and become responsible therefor as though such marmots indoor equipment were being fncishd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease beuefits, to its employees employed oa or in connection with the work covered by this purchase paper, andnr to their dependent in accordance with the laws of the 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 ins —nee with bodily injury and death limits of m least 530(two for anyone person, 850n. for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for each compensation and insurance. Before any of the Sellers or his contracrrs employees shall do any work upon the premises of others the Seller shall f ish the Purchases 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 mat such compensation and irrsuranre shall be mainrined until after the entire work is wmplawl and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pumhaseand any r 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 person of property to which the Pardoner may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officer,, agent, or employee,. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my fire an account or by reason of my act, action, neglect, omission or default of the Seller of any of his indications or any of its or their of5cers, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same an the Sellers own expene, to pay any and all wets, charges attorneys fees and other expenses, any and all Programs 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 proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies in or as a result of inch 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 precautions, famish and inlall all guards necessary for the pmeption of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Herb Act or I970 and all roles and regulation issued pursuant thereto. Revised 03/2010 System for Award Management Page 1 of 1 SAM.go ,will be Gown for a malmenante wincim from midnight on Friday, 3/21/2014 until 10:00 AM (EDT) w SatuNay morning, 3/22/2014. Search Results Current5eamhTerms: growling- Bear* Inc - Notice: This printed document represents only the first page of your W1 search results. More results may he available To print your complete search results, you on download the PDF and print it No records found for current search. SAM I syrNm for Award Mmupm.m 1.0 NOW to all Users: This is a Federal Govemment computer system. Use of this system constdutes consent to monitoring at all times. Glossary Search Results Entity Esduslon Search Filters By Record Status By Functional Area - Entity Management BY Functional Area - Perfcrmanc2 Information IBM v1. 1466.20140121-1343 ® ULA https://www. sam.gov/portal/public/SAM/?portal:componentld=66fdb602-77f6-4ba0-914a—... 3/21 /2014