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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9120042PURCHASE ORDER PO Number Page City Of 9120042 1 of z `t Collins This number must appear " on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 111360 Ship To: DRAKE WATER RECLAMATION GRAINGER INC CITY OF FORT COLLINS 4531 INNOVATION DR 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80525-3406 FORT COLLINS Colorado 80525 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 UOM Unit Price Extended Ordered Price BLANKET PO FOR 2012 1 LOT LS 15,000.00 MISC SUPPLIES Total $15,000.00 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tern3s and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-60(10587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973. Chapter 39-26, 114 (a), Gads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defers of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Pon Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser in insist upon strict pvfnmmca of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event i f a breach, the acceptance of or payment for good hacnnder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase nedcr and shall not be deemed a solver ofany right of the purchaser to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any purported rand modification or rescission of this purchase enter by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fan Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, mencharges resulting from antitrust ACCEPTANCE is dependent upon completion Mall appl ieablc required inspection pmccdures. 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 have or hemafier Freight Tams. Shipments most he F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitru# laws for such overcharges relating to the particular goods or services otherwise xpeeificd on this order. If permission 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 not be accepted. 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 arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses 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 For Collins harmless from and against all liability aad loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authmiration. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind slid panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed 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 premised delivery date as noted. Time is of the essence, Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofmotinl late deliveries, shall operate as a waiver ofthis provision. In the event ofany 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 not reasonably fnmsecable which arc beyond its reasonable control and without its fault ofnegligence, such acts of GM. acts of civil or military authorities, governmental priorities, fires, strikes, Rood, 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 ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all grad, 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 with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agree to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarrnty. The Seller shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed). resulting from imperfoct or defective work done or materials famished by the Seller, Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the branch of env of the foregoing wamntics at guamnices. but such liability shall in no event include loss ofpmfits 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 changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than 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 amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the good Then not shipped, subject to any 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 profit on the uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in furor of the Seller with respect to any gods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as in any gusts delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or lecounation is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in stria compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such dauencnis as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated 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 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 written consent of the other party. 10. TITLE. The Seller wnmms full, clear and unrestricted title to the Pumhascr for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13, PUR Cl JAS ERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct noncen gaming or defWiwe Surd by a date to be agreed upon by the Purchaser and the Seller, and the Seller thcmnOcr indicates its inability or unwi llinguess to comply, the Purchaser may cause the work to be mfomcd by the most expeditious means available to if. and the Seller shall pay all costs associated with such work. The Seller shall recast the Purchaser and its contactors 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 parry released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warm, my, shall not be decnmd to be reduced. in any way, because such wort: is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covcml by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser From any and all claims for infringement by reason of the use of such patented do iga, deice, material or pmccss in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the good, is in such suit held to consflute infringement 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 said equipment or parts, replace the more with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY, If the Seller shall become insolvent or bankrupt, make an assigtou nt for the benefit of creditors, appoint a receiver or trustee for any of the Scllcr, properly or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofihc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services oFSellcm Repmsenlative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sefer's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive. unload, store and handle same in the site and become responsible therefor as though such materials and/or equipment were being famished 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 benefits, to its employees employed no 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 carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one peon, S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of lac Shccrs or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall famish the Purchaser with a certificate that such eompcnsstion and insurance have been provided, Such cenificatcs shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance expires The seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, Inc or injury ofany kind or nature whatsavcr to persona or property caused by orresulting form the execution of the work provided form this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and camInyces from and against any and all claims, losses, damages. charges or expenses, whether direct or indirecl. and whether to persons or property to which the Purchaser may be put or subject by reason ofany net, action, neglect, omission or default on the part of the Seller. any of his contractors, or any of the Sellers or contractors affects. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at any time on account or by reason of any act, action, neglect, emission or default of the Seller ofany of his comments or any of its or their officers. agents or employees as aforesaid, the Seller hereby ngrccs to assume the defense theenf and to defend the came at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments 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 he placed upon or obtained against the property of ncc Purchaser. or said parties in or as a result of such suits mother proceedings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond orothcnrisc. The Seller and his contractors shall take all safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bill without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant lhercto. Revised 03/2010