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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9120024PURCHASE ORDER PO Number Page City of 9120024 1 of 3 `t Collins i ns This number must appear " on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 111360 GRAINGER INC 4531 INNOVATION DR FORT COLLINS Colorado 80525-3406 Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS Colorado 80521 Delivery Date: 01/05/2012 Buyer: ED BONNETTE 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 Description Quantity Ordered UOM Unit Price Extended Price 2012 BLANKET PURCHASE ORDER 1 LOT LS 12,500.00 MACHINE & EQUIPMENT PARTS FOR MACHINE & EQUIPMENT PARTS 2 EXPENDABLE TOOLS & EQUIP 1 LOT LS 2,500.00 3 SOS -FACILITIES SUPPLIES 1 LOT LS 1,500.00 4 ELECTRICAL SUPPLIES 1 LOT LS 6,000.00 5 PLUMBING SUPPLIES 1 LOT LS 2,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 912002er Page CI�/ OfCollins ��� 9120024 2 of 3 F^r} Coll I ns This number must appear ,�—,J`-' ` ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 6 FACILITIES SUPPLIES 7 SHOP SUPPLIES a SAFETY SUPPLIES City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 1 LOT LS 1 LOT LS 1 LOT LS 5,000.00 M 2,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City o1'Fon Collins is exempt from state and local tuxes. Our Excerption Number is 11. NUN WAIVER. 98-04502. Federal Excisc Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof, failure m delay to Internal Revenue, Denver, Colurado (Rcf. 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 breach, the acceptance of or payment for goods hemunder m approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to order, to meet specifications, either when shipped or due to defects of any of the warrenties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in mutual, may be reamed to you for credit and arc not to be replaced except upon receipt of wut,,a purchaser to insist upon stria performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fen Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purpon d oral and ficaion or rescission of this purchase order by the Purchaser operate as a waiver of any of the mmts Inspection. GOODS are subject to the City of Fen Collins inspection on arrival. hereof: Final Acceptance. Receipt of the merchandise, services or equipment in respmuc to this order can result in 12. ASSIGNMENTOF ANTITRUSTCLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofull applicable rcquifd inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now hive or hereafter Fnisht Tents. Shipment, most be F.O.H., City of Fort Collins, 700 Wood St, Fon Collins, CO 80522, unless acquired under federal or sate antanot laws for such overcharges relating to the particular goods or services otherwise specified no this order. If permission is given to prepay freight and charge separately, the original freight purchased oracquird by the Purchaser possum wilds purchase older. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGA'I IONS. Shipment Distance. Where manulucturers have distributing points in various puns of the country, shipment is ]fine Purchaser directs the Seller to correct nonconlom,ing or defective goods bya dae to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments un made from greater distance. may cause the work to be performed by the most expeditious meal available to it, and the Seller shall pay all casts associated with such work. Pcmdts. Seller shall procure at sellers sole cost all necessary permits, cenifenies and liccnso required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdcss from and against all liability and loss incurred by them by reason of an rimed or established violation of any such laws, regulations, ordinances, rules .ad mquiremcmt,. Authomation. All parties to this contract agree that the representatives are in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplentenlary or additional sums and conditions annexed hereto or incorporated herein by reference Any additional or ditlerod terms unit conditions proposd by'seller are objected to and hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfomtvme must be eHicted within the time stated on the purchase order and the documents attached hereto. No act. of the Purchasers including, without Initiation, acceptance ofpanial late deliveries, shall opemtc as a waiver of this provision. In the ever ufany 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. However, the Seller shall not be liable for damages as a result of delays due to causes at reasonably foreseeable which are beyond its reasonable control and without its fault ofncgligence, such acts afford, as of civil or military authorities, govemmmnal priorities, fires, strikes, flood, epidemics, wars or riots 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 period equal 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 conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed will, the highest degree of cute ma competence in accordance with accepted standards for work of a similar ,.tort. 1'be Seller agrees to hold the Purchaser hamdess man any loss, dunage or expense whiet the Purchaser may sutler or incur on account of the Sellers breach of warner.. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or fault arising within one (I) year or within such longer period of time as may be prescribed by law or by the toms of any applicable waranty provided by the Set let after the dam of acceptance of the goods famished hereunder (a¢eptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liabil try hereunder shall extend to all damages proximately euascd by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WAIL RA NTY OR M E RCHAN'LAHI LITY OR OF FI'IN ESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal leras by written change order. 5. CHANGES IN COMMERCIAL TERMS. 'The Purchaser may make any changes to the teens, other that, legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the u ionan due or the time ofperfannance hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, moralism this agrcemcnl as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvided man the Purchaser ,ball nut be liable for any claims for anticipated profit, on the uneumplcted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with aspect m any goods which am the Sellers standard stock. No such termination shall mIicvc the Purchaser or the Seller of any of their obligations as to any goods delk emd hcn'under. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat be assured within thirty (30) day, it.. the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller ..Mons that all goods sold hereunder shall have been produced, said, delivered and furnished in strict compliance with all applicable laws and regulations to which due goods arc subject. ']lie Seller shall execute and deliver such documents .,may be required to elfcot or evidence compliance. All Paws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this oderencc. The Seller agrees to indemnify and hold the Purchaser ha .less from all costs and damages suffered by the Purchaser as a result of dos Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrincn consent of the other piny. 10. TITLE. The Seller wamams full, clear and unrestricted tide to the Purchaser for all equipment, injuaialls, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, rcseraltoas, security interest encumbrances and claims of.ahe.. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pray released and shall emend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfumed or caused to be perforated by the Purchaser. 14. PATENT'S. Whenever the Scller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, [tic Scllcr shall indemnify and save harmless the Purclaser from 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 I,or any cost expense or damage which it may be obliged to pay by mason of such infringement at nay 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 constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure Ibr the Purchaser the right to continue using said equipment or puns, replace the same with substantially equal but noninftinging equipment or modify it so it becomes noninlringing. 15. INSOLVENCY. If the Seller shut] become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or tmstee for any of the Sellers property or business, this order may Ionhss'ith be canceled by the Pmchaur without liability. Ib. GOVERNING LAW. 'The delinideas if ternis used or the interpretation ofthc agreement and the rights ofull parties hereunder shall be construed unmet and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cars where the Seller is to perform work hereunder, including lbc sctvica of Sellers Representative(,), oa the pen noses ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Scllcrs own risk until the tame is fully completed and accepted, and shall. in ease of any accident, destruction or injury to the work and/or materials before Sellers final completion and accepanecq emnplete the walk at Seller's own expense and to tile satisfaction of the Purchaser, When materials and equipment are finished by others for installation or erection 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 furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own espeme, provide far 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 state in which the work is to be done. The Seller shall also curry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and propeny damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Before any of the Sellers or his commuters employees shall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a cenilicatc that such compensation and insurance have been provided. Such ecniticaes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compen otion and insumnae expires. The Seller agrees that such compensation unit insurance shall be maintained until after the entire work is completed and accepted. 19. PRO 'I'EC'I'[ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entim responsibility and liability for any and all damage, loss or injury ufany kind or nature whutsoevcr to persons or property caused by or resulting from the execution ufthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any m all of the Purchase. officers, agars and employees from and against any and all claims, losses, damages, charges or cepcnscs, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by rcmu, of any act, tuflm, neglect, omission or default on the pun of the Seller, any of his contractors, or any of the Sellers or contractors office., agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or anployecs at ally time on account or by reason .1any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oficers, agents or employees as afum,nid, the Seller hereby agrees to assume the defense thereof and to defend the wme u1 the Sellers own cxpeose, to pay any and all costs, charges, anomeys tees and other expenses, any and all judgments that nay be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees to 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 parties in or as a result ofsuch suits or other pmcccdings, the Seller will a1 once cause the same to be dissolved and discharged by giving bend or otherwise. The Seller and his contractors shall lake all safety precautions, tarnish and install all guards necessary fur the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limautim, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thercto. Revised 0311010