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HomeMy WebLinkAbout210366 GROWLING BEAR CO INC - PURCHASE ORDER - 9124530 (3)Fort Collins Date: 04/24/2014 Vendor: 210366 GROWLING BEAR CO INC 2330 4TH AVE GREELEY CO 80631 PURCHASE ORDER PO Number Page 9124530 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 08/20/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Ordered Unit Price Extended Price 21 CHANGE ORDER 14 SOUTH TRANSIT CENTER 22 CHANGE ORDER 15 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 1 LOT EA Total Invoice Address: 6,932.14 6,792.88 725.02 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tents and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from stare and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600p582 is registered with the Collector of Failure of fie Purchaser to insist upon strict performance of the terns and conditions harm( failure or delay to Intemal Revenue, Denver, 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 bleach, the acceptance of or Wymenf for goals hereunder or approval ofthe design, shall not,eleme the Seller of Goods Rejected, GOODS REJECTED due to failure to meet Specifications, either whim shipped or due to defcess of any of the warranties or obligations of this purchase order and shall not a dmnM a waiver of any right of the damage in transit, may he remmcd as you for credit aal arc not to be replaced except upon receipt of written purchaser to insist upon Shia performance hereofor any arks rights or remedies res to any such goads, regurdless instructions fraud the City of F.B Collins. of when shipped, revived or accepted, as to my prior or subsequent default hareundea nor shall any purported oral modification or rescission of this purchase order by the Purchuer operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fart Collins irepmtion oa mrival, hereof. Final Acceptance. Receipt of the trombondist. services or equipment in random to this order car mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment oa the part of the City of Fort Collins. However, it is as be understood that FINAL Seller and the Purchaser recognise the in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assign Ip the Purchaser any and all claims it may now have or hernfler Freight Terms. Shipments must be F.O.R., City of Fort Collins, 700 Woad Si-, Fort Collim, CO 80522, unless mquiral under (Meal or state antitstail laws for such overcharges relating ro the particular goods or smices otherwise spec fted on this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Pursuant to this Purchase order. bill must mcrimpany invoice. Additional charges for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Divorce. Where manufacturers have distributing paints in various parrs of the country, shipment is If he Purchaser directs the Seller to correct nonconforming or defective goods by a date so be agreed upon by the expected Tom the nemest distribution pain to destination, and excess freight will be deducted man Invoice when Purchaser end the Seller, and the Sella themfter indicates its inabilityor unwillingness as comply, the Purchases shipments are made fmm greater distant may ezux the work to fe performed by the nos expeditions mean available to it, nab the Sella shall pay all toss associated with such work. Permits. Seller shall procure at sellers .It cost all na., permits, catificams and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, teritury or political subdivision where The Seller shall release the Purchaser and its contractors of any tier fmm at I liability anal claims of any mture the work is performd, or required by my other duly constituted public authority having jurisdiction over the work resulting fmm the performance of such work. of verxbc Seller former agrees to hold elm City of Fort Collins larmless from and stairs, all liability am loss incurred by them by ressom of an trimmed or established violation of my such laws, regulation, ardiraames, miles This release shall apply even in the erimt of fault of negligence of the party released and shall extend to the and mquiremen t directors, officers and employees of such pray. Authorization- All parties to this comma agree that the representatives art, in fact brim fde and possess full and complete authority to bind said putties. LIMITATION OF TERMS. This Purehuse Order expressly limits acceptance m the terms and conditions stated herein set foe and any supplementary or additional bums and condition annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller am objected to and hereby rejected 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately if you cannot make complee shipment o arrive on your premised delivery dam as noted. Time is of the essence. Delivery and performance most be a@cted within the time soared on the purchase aide, and the documents attached harem. No as of the Purchasers including, withuut limitation, acceptance of panial Ire deliveries, shall oprmte as a waiver of this provision. In the event of any delay, the Purchaser Shall have, in addition m other legal and equitable remedies, the option of placing this order elsewew and holding the Seller liable for damages. However, the Seller shall rat be liable for damages as a mull of delays due to tames of rmsonably foreseeable which art beyond is reassemble control and without is fault of negligence, such ace of God, as oFci,il or military suthotifies, governmental priorities, fires, strikes, flood, epidemics, wars or ..is provided for notice of the conditions taming such delay is given to the Purchaser within five (5) days of the time what the Seller fill received knowledge thereof In the event ofany such delay, the date of delivery shall be airmailed for fez period alml 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 order will confront with applicable drawings, specifications, somples and/or other descriptions giver, will he fit for the purposes intended, am Performed with the highest degree of are and competence in accordance with mtepted standards for work of a similar nature. The Seller agrees to hold the purchaser hi msless from my lose, 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 good, without wool m the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may m prescriber by law or by the terms of any applicable warranty provided by the Seller after the dam of acceplmce of the goods Pumishad hereunder (acceprmce, not to be unwasombly delayed), resulting from imperfat or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstitme a waiver of any claim under this waramy. Except as otherwise provided in this purchase orda, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or goammes, but such liability shall in as mean intent, lass .(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 change to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes,. the bras, ago, than legal toms, including additions to a delaimss from ,be ..at es originally ordered in the Specifications or drawings, by verbal or written change order. If my such change alTecs the amount due or the time ofperformame hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may in my time by seratem change order, termimm this agrtemen as to any or all portion of the goods then nat shipped, subject to any equitable adjustment between the parties as to any work or materials that in progress provided that the Purchase, shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andtor work, for Incidental or cuts picatial damages, and that no such adjmtment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such lemtivation shall relieve the Purchaser or the Sella of any ifidedr obligation as m my good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast n ravened within ,hirly (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller war arcs that all goad sold hereunder shall have been pmMuced, sold, deliverd and Furnished in striel compliance with all applicable laws and regulations an which the good arc subject. The Seller shall execute and deliver such documents as may he squired to effect or evidence compliance. All laws and regulatiou required to be max,mated in agsmnents of this character not hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Fairness harmless from all costs and damages suffered by the Purchaser as a mull of the Sellers failure m comply with such Law. 9. ASSIGNMENT. Neillaes party shall assign, traufia, or coney this order, or my umoiu due or m became due hereunder without fa, prior written comen, arm, other party. 10. TITLE. The Seller we som, full, clear and unicameral rill, to the Purchaser for all equipment, materials, am items famished th parliament of Ihis agreement free and clear of my and all liens, mtrictiom, reservations, saurity interest arcurebrances and claims archon. The Sellers contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work u performed or caused Iri be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process coveral by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchuer from any and all claims for infringement by mana of the use of such relented design, device, material or process in cormetion with the contract am shall indemnify the Purchuer for any cost expense or damage which it may , obliged to pay by re uoo of such infringement at my 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 constophe infringement and the use of said equipment or pad is enjoined, the Seller shall, at its own expense and 0 its option, either procure for the Purchases the right to continue ring said equipment or Pans, replace the same with substantially and but mwninGnging equipment or modify a So in became naninfringing. 15. INSOLVENCY. It' the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver err trmme for my of to Sellers property or business, this order may forthwith be canceled by dimPurchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties haeunda shall be comtrual under and gowned by she laws ofthe Sole afColomdo, USA. The following Additional Condition apply only in cases where the Sella is to perform work hereunder, including the Services of Sellers Representatives), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work ed Sellers own risk mfil the Same is fully completed and accepted, am shall, in case of my accident desuuaion or injury to the work andlor materials Before Sellers final .,I.. not acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When mammals and equipment we famished by others for installation or erection by the Sella, the Seller shall receive, unload, store mail handle same at the site and became responsible therefor to though such materials aaVor equipment were being famished by the Sella order the order. 18. INSURANCE. The Seller shall, at his awn 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 depemens in accordance with the laws of the state in which the work is m be done. The Seller shall also arty comprehensive general liability including but rat limited to, mntracfual and automobile public liability max-ance with b dy injury and death limits of at least 5300.000 for my one person, S500,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, it any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Sella shall famish the Purchaser with a anifcate that such mmlaemedan and imtnance have been provided Such anificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the doe when such comp cconion and insurance expires. The Seller agrees that such compensation and insurance shall be mandemed until after the entire work m completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby notion; the entire responsibility and liability for any and all damage, loss m injury ofmy kind or nature whatseever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connexion herewith. The Seller will indemnify and hold handless the Purchase, and my or sll of the Purchasers officers, agent, and employees from and against my am all claims, lasso damages. charges or expenses. whether direct a indirect, and whether m persons or property b which the Purchaser may he put or subject by revsan of any act, action, neglect, omission or default on the pan of the Seller, any of his comractom, or my of the Sellers or ontractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any rat action, neglect, omission or default of the Seller of my of his contractors or my of its or their oficars, agents or employees as aforesaid the Seller hereby agrees be auume the defense thereof and to defend the same as the Sell. own expense, ho pay my and all toss, charges, mairmys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their offcars, agents or employees in such suite or other proceedings, and in case judgment or other lien be placed upon or obtained affair the properly of the Purchuer, or Said lames in or ss a molt clench suits or other proceedings, the Seller will at rime ause the same to he dissohed and discharged by giving bond or otherwise. The Sella and his matrxton shall take all Safety p caautione, Polish and ivall all guard na omyr 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 1970 and all pries and regulations issued pursuant thereto. Revised 03n010 System for Award Management Page 1 of 1 ALERT: You may notice intermittent issues when searching in SAM. If no results are returned after a search, please try again in a fei Search Results Current Search Terms: growling* Bear* inc* Notice: This printed document represents only the first page of your SAM search results. More results may be available. To print your complete search results, you can download the PDF and print it. No records found for current search. SAM I System for Award Management 1.0 Note to all Users: This is a Federal Government computer system. Use of this system constitutes consent to monitoring at all times. Glos Searc Resul Entity Exclus Searc Filter. By Re( Status By Functi( Area - Manag By Functii Area - Perfon Inform IBM v1.1676.20140418-1421 rJ A.g� https://www. sam.gov/portal/public/SAM/?portal:componentId=66fdb602-77f6-4ba0-914a-... 4/23/2014