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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 8800001Date: 01 /02/08 BLANKET City of Fort Collins Page Number: 1 City of Fort Collins GRAINGERINC 4531;INNOVATION DR FORT COLLINS C0 80525.3406 Purchase Order Number: 8800001 Ship To: DRAKE WATER RECLAMATION' FACILITY CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 . OLW. 141a Iluo ttuyer• DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Qty/Units Description Extended Price 1 BLANKET PO FOR 2008 3,000.00 I&E SUPPLIES Total $3,000.00 This order is r6l ialid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Invoice Address. To encore prompt PlVarent mail invoices in duplicate to City of Pon Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tox exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Nnmbar' is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of Inlemal Revaue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meat specifications, either when shipped or due to defects of damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Pull Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on an'ival. Final ent on the R Rceip offe of Foil Coll services eveoritis to be undohse m this Oder cm ACC in ANCE is paymem ter the Ian of she City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon mmptetion of all applicable mgnired inspection procedwes. Freight Teats. Shipments must he F.O.B., City of Fort Collins, 700 Wood St, Foil Collins, CO 80522, unless mhmviu specified on this order. If panissio n is given to pnpry (might and charge separately, the original freight bill must accompany invoice. Additional charges for packing will nor be accepted. Shipment Distance. Where manufacturers have distributing points in em'ion pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be, deduced four Invoice when shipments are made from greater distance. Permits. Seller shall procure at callers sole cost all necommy returns, certificates and females required by all applicable laws, regulation, ordinances and roles of the state, municipality, territory an Ill iticil subdivision where the work is pa'fommd, or required by any.,her duly constituted public authority havingjmisdiction ova (be work of vendor. Seller further agrees to hold the City of Fan Collins handess from and against all liability and loss inured by them by renar of an asserted or established violation of any such laws, regulations, ordinaries, odes and requirements Antlromation. All parties to this contract agree that the representatives am, in fact. bona fide and pnsess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hercin set forth mid any supplementary or additional mass and conditions annexed hereto on incopomted herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby e,lead. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannounakc conpiere shipment m arrive on your pmpiseddeliverydatentided. Timeisoftoessence. Deliveryandperfen... ae n be elTared within the ring stated on the prrchne order and the documents mtaohed herenu No is of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver' of this pollutionIn dre event of ally delay, the Purchaser 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 Seller shall rma he liabdc for danog" in a result of delays than it, cants not nexambly Immutable which me beyond its removable anrrol and without its fault of negligence, such eras of God, ask of civil m military authorities, govemnanal pinities, fires, strikes, Boot, epidemic, won or riots provided that notice of the condition caning such delay is given ill she Purchaser within five (5) days of the arm when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the dime actually Ins by reason of the delay 3 WARRANTY. The Seller wmmnts that all goods, articles, materials and work covered by his order will anf inn with applicable drawings, spceifentions, maples nnNa ahem deuriptions given, will be fit for the purynes intended, millPerfomsed with the highest degra of cure and comspetence in accordance with ncepted standards fa' work of a sinailm nature. The Seller agree to hold the portion harmless from any Ins, dmmigc a expense which the PmehaWr may suffer or inarr on account of the Sellers breach of warranty. The Seller shall rgslace, repair or make good, without cost to the prelmser, any defects or faults at within one (1) year or within such longer Ixriod of into an may be prescribed by law or by the really of any applicable wannnty provided by the Seller area the date of acceptance of the goods furnished hereunder (acceptance not to be nnreaonably delayed), resulting from imperfect or defective weak done or materials famished by the Seller Acceptance 01'rise ofgoods by the Purchaser shall not constitute a waiver of any claim under this wannnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all donages proximately caused by she breach of any of the foregoing war rtme or grmonten, but such liability shall in no even include lass ofprofin a' loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Particular may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may snake any changes to the tenrss, other also legal teats, including additims to o' deletions from the quantities originally ordered in the specifications or drawings, by vafxtl or written change order'. If mry such change offers the smmom due or the time of performance hereander in equitable adjuslneu shall be made. 6 TERMINATIONS. The Pin In., may at any time by writren change order, temainm this ogrcenant in to any or all potions of the goods than not shipped, subject to mry equitable adjustment between the pantos m to any work or moral lots then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits an the uncompleted portion of the goods anchor work, for incidental or consequential damages, and that no such adjustment be made in favor arrive Seller with respect o any goods which me the Sellers smadad stock. No such termination shall relieve the Pnrchner car tire Seller of any of their obligations w to any goods delivered hereander. 7: CLAIMS FOR ADJUSTMENT. Any claim fa adjustment must be moo mad within thirty (30) days firm the dre the change as nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall hove been peduced, sold, delivered and furnished in strict compliance with all applicable laws mid regulations to which she goals arc subject He Seller shall execute and deliversuch damnent. n cony be requited to effect m evidence compliance. All laws mad regulations required to be incorporated in agreements of this chammer are hereby incorporated hercin by this reference. The Seller agrees to indemnify and hold the Purchaser hannlces from all costs and damages suffered by the Pnrchner' is a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any remain due or to become doe hemmdw without the prior written consent of the other pasty. 10. TITLE. Tim Seller wmrmils full, clew and unrestricted tide to the Purchaser fat all equipment, materials, and items fumished in performance of this agrcomnn, flee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. I I. NONWAIVER. Failure of the Pill closer to insist upon sit ict performance of the leans and conditions hereof, failure or delay to excroise any rights or remedies provided his cut or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goads hereander or approval of the design, shall not release the Seller of any of tire warrants or utilitarians of this purchase order and shall not be deemed a waiver of any right of the purchaser e, insist npmn strict perf normate hereof or any of its rights or remedies as to any such goals, regardless of when shipped, received or accepted, as to any prior or subsequent defnudt hereunder, not shall any purported am] modificmian or rescission of this machine, order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and she Purchaser recognize than in actual economic practice, ovemhmges moulting fron amitmst violations ere in fact bone by the Processor Thereufom, for good cause and as consideration for maturing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal as state antitrust lases for such overcharges reining to the pnnicnlar goods or services purchased or acquired by die Platinum prolmat to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the ['in thoser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereallm indicates its inability or unwillingness to comply, she Functional' may cane the work to be performed by the most expeditima means available to it, and the Seller shall Ivy all cots nssaciated with such work. 'file Seller shall release the Purchaser and its contractors of any tier from all liability mid claims of any nature resulting from tine petrotaahce of such work. This release shall apply evar in the event of fault of negligence of the pally released and shall extend to the directors, officers and employees of such pony. The Settees comacnial obligations, including woman. shall not be dermal to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material orprocess coved by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Problem, from any and all claims for infringement by reason of 0ae use of such patented design, device, material or proceu in connection with the contract, radiation indemnify the Purchaser for may cast expanse or damage which it may be obliged to pay by mason of such infringement m any lime dining the mence Lion a after the completion of the work. In case said equipnesn, or' any Fort shelter or the intended tau of the goods, is in such suit held to constitute arrangement and the use of said equipment as pan is enjoined, the Seller shall, at in own expense and at its option, either procure for the Purchaser the right to cantina using said equipment or parts, replace the sent with substantially equal bill non -infringing equipment, in modify it so a became, ,..-air, inging. 15, INSOLVENCY. [true Sella shall become insolvent or bankrupt, make it nsignnent for the benefit of creditors, appoint a receiver' or trustee for mryof the Sellers propny or business, this order may forthwith be em¢eled by the Purchase without liability. 16, GOVERNING LAW The definitions of tears used unit firm aretttaion of she rgrcoment and the rights of all ponies lareunder shall be consumed under and gevemed by the lows of the State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to Perform work hereunder, including the min ices at Sellers Repruentativefs), oil the realises of other. 17. SELLERS RESPONSIBILITY. The Salim seal tarty on said work at Selle's we risk until the .,,,a is f day completed and accepted, and shall, in case of any accident, destruction or injury to the work mid/or materials before Seller's final completion and acceptance, complete the ww'k at Seller's own expense and to the satisfctioo of the Pureluner. When mermaids and equipment nos fimhished by wheat for installation a erection by the Seller, the Seller shall receive, unload, stag and handle snow at the site land become responsible illation n trough such materials and/or equipollent were being furnished by the Seller mole, the order. III INSURANCE. The Seller shalt. at his wen cxpsense, provide for the payment of workers compensation, including occupational disease malfits, to its enryloyaes employed on at in correction with the work covered by this machine order, and/o to their dependents in rcwrdace with the laws of the stare in which the work is to be done. The Seller shall also carry comryrelmsem a forward liability including, but not limited to, contractual and automobile public liability insmmrce with bodily injury and death limits of m lent S300,00o for any one person, S500,000 for any one accident and proprty change limit Per accident of $400,000. The Seller shall likewise require his contmetors, if any, to provide far such camansmien and insurance. Before any of the Sellers or his contractors employees shall do any work neon the Featisa of ahers, the Seller shall famish tire Purchaser with n cenificare film such cmpeseratio n and insurance have been provided. Such cenificates shall specify the date when sack compensation mid insurance have been provided. Such anificatn shall specify the date when such compensation and insurance expires. The Seller agrees Onot such confrontation mid insmmice shall b , maintained until after are entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby annual the entire respamibility and liability fa any and all damage, Ins or injury orally kind or name wh aloe .... pan sons or popery caused by or resulting from the execution of the work provided for in oars pnrchne order or in comemion herewish. The Sella will indemnify and hold handers the Purchaser and any or all of the, whether es direct a, ngents and employees from cod against any and all claims, losses, damages, put at ....... ses, rvhedar direct or indirect, and whether m paean a property to which the Purchaser may be purr or subject he re:aar of any nor, action, neglect. omission to defacoon. In one a pin it the Sella, any proceedings all be ou w airy ns tth Sellersas contras of officers, erg its or or employees In use mry suitor ahem y moon shall be brought neglect the Psion em r, or its officers, agents or employees at any time on tics con their eir by reason a any act, aoy. as aforeaid, tan Sedefnlrb aSellerofanye his cwuaaosour mmryof its orfied the oemployers ex aforesaid, the Sella hereby agrees a assume the defense thereof and se defend the same m the Sellers own expense, to pay any and all costs, chagese nrelyattorneys firs and other expeagn, any and all judgments that cony be incurred by orndinattained a judgment en Purchaseronmry of its l(heiroffices,ed against the property softsunsrcahem proceedings, and in eas a rol ult Of or other lien Ise placed upon or obtained against the property of the Purchaser,be or said partial in a as a y result of such sn16 et ism pe Salim gd the Seller will at l to cause the same to be dissolved and install urged goal* giving Lund or the preive. The Seller end his clearly wi shall take all safety prewntwith fmard and install call innecessary for the prevention of Occupational Safety comply with all laws and regulations with regard to safety including, thenthou( limitation, the Ocmrpational Safety and Health Act of 1970 and all tales and regulations issued pnrsmmn (harem. Revised 1119